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TELEDYNE WAH CHANG v. ENERGY FAC. SITING

SC 29334; SC 29343; SC 29344.

692 P.2d 86 (1984)

298 Or. 240

In the matter of the Application by TELEDYNE WAH CHANG Albany, a Division of Teledyne Industries, Inc., for a Site Certificate. Teledyne Wah Chang Albany, Petitioner, v. ENERGY FACILITY SITING COUNCIL, Respondent. Lloyd Marbet, Petitioner, v. ENERGY FACILITY SITING COUNCIL, Respondent, Teledyne Wah Chang, Intervenor. Forelaws On Board, Petitioner, v. ENERGY FACILITY SITING COUNCIL, Respondent, Teledyne Wah Chang, Intervenor.

Supreme Court of Oregon, In Banc.

Decided December 4, 1984.

As Amended on Denial of Rehearing and Motion for Clarification January 23, 1985.

Rehearing Denied January 29, 1985.

Attorney(s) appearing for the Case

Richard H. Williams, Portland, argued the cause for petitioner-intervenor Teledyne Wah Chang Albany. With him on the briefs were Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Daniel Meek, Portland, argued the cause for petitioner Forelaws on Board. With him on the brief was Linda K. Williams, Portland.

Lloyd Marbet argued the cause and submitted briefs in propria persona.

James E. Mountain, Jr., Deputy Sol. Gen., Salem, argued the cause for respondent Energy Facility Siting Council. With him on the briefs were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

PETERSON, Chief Justice.

Lower River Pond consists of 115,000 cubic yards of industrial waste called sludge, located near Albany, Oregon. This case comes to us on direct appeal, ORS 469.400, from a decision of the Energy Facility Siting Council granting a license for the storage of the sludge.

I

The Energy Facility Siting Council (EFSC) is a public body of seven members charged with the responsibility of designating areas that are suitable or unsuitable...

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