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KLAMATH FALLS v. ENVIRON. QUALITY COM'N

CA A72620; SC S40270.

870 P.2d 825 (1994)

318 Or. 532

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

Supreme Court of Oregon.

Resubmitted April 6, 1994.

Decided April 7, 1994.

Attorney(s) appearing for the Case

Peter Glaser of Doherty, Rumble & Butler, P.A., Washington, DC, argued the cause and filed the petition for petitioner on review. With him on the petition were Richard M. Glick and Timothy R. Volpert, of Glick, Volpert and Tremaine, Portland.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause and filed a response for respondents on review Environmental Quality Com'n. With him on the response were Theodore R. Kulongoski, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Karl G. Anuta of Jolles, Sokol & Bernstein, Portland, argued the cause and filed a response for respondents on review Northwest Environmental Defense Center, Save Our Klamath River, Oregon Natural Resources Council, Oregon Rivers Counsel, Oregon Trout, and the Sierra Club.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

FADELEY, Justice.

This proceeding arises from an Environmental Quality Commission (EQC) contested case order denying certification to the City of Klamath Falls' proposed Salt Cave hydroelectric project. The EQC denied certification on the basis of a regulation that limits development-caused changes in the temperature of river water. On judicial review, the Court of Appeals affirmed, and we allowed review of that decision. At issue is whether the EQC's interpretation...

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