KLAMATH FALLS v. DEPT. OF ENVIRON. QUALITY

9104083-CV; CA A75570.

851 P.2d 607 (1993)

119 Or. App. 500

CITY OF KLAMATH FALLS, a municipal corporation, Appellant, v. OREGON DEPARTMENT OF ENVIROMENTAL QUALITY and Oregon Environmental Quality Commission, agencies of the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided April 21, 1993.

Reconsideration Denied June 9, 1993.


Attorney(s) appearing for the Case

Peter Glaser, Washington, D.C., argued the cause for appellant. With him on the brief were Doherty, Rumble & Butler, Washington, D.C. and Richard M. Glick, Shelley Larkins and Davis Wright Tremaine, Portland.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondents. 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.


PER CURIAM.

The City of Klamath Falls appeals from the trial court's dismissal of its declaratory judgment action, in which it contended that the Department of Environmental Quality and the Environmental Quality Commission (EQC) had failed to act within one year of the city's request for water quality certification for a hydroelectric project, and had thereby waived the certification requirement. The trial court held that it lacked jurisdiction and that exclusive...

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