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KLAMATH FALLS v. ENVIRON. QUALITY COMM.

CA A72620.

851 P.2d 602 (1993)

119 Or. App. 375

CITY OF KLAMATH FALLS, Petitioner, v. ENVIRONMENTAL QUALITY COMMISION, Northwest Environmental Defense Center, Save Our Klamath River, Oregon Natural Resources Council, Oregon Rivers Council, Oregon Trout and The Sierra Club, Respondents.

Court of Appeals of Oregon.

Decided April 21, 1993.

Reconsideration Denied June 9, 1993.

Attorney(s) appearing for the Case

Peter Glaser, Washington, DC, argued the cause, for petitioner. With him on the briefs were Doherty, Rumble & Butler, Washington, DC and Richard M. Glick, Shelley Larkins and Davis Wright Tremaine, Portland.

Karl Anuta, Portland, argued the cause, for respondents NEDC, Save Our Klamath River, OR Natural Resources Council, OR Rivers Council, OR Trout and The Sierra Club. With him on the brief was Jolles, Sokol & Bernstein, Portland.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause, for respondent Environmental Quality Com'n. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, C.J., and ROSSMAN and RIGGS, JJ.

RIGGS, Judge.

The City of Klamath Falls (the city) seeks review of the Environmental Quality Commission's (EQC) contested case order denying the city's request for certification of the proposed Salt Caves hydroelectric project for compliance with applicable water quality standards. The director of the Department of Environmental Quality (DEQ) denied the city's request, ORS 468B.040, and the city sought EQC's review. See ORS 468.035; ORS 468.070. The state agency...

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