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ONRC ACTION v. COLUMBIA PLYWOOD, INC.

(USDC CV-97-03087-CO; USCA 98-36233, 99-35019; SC S47437)

26 P.3d 142 (2001)

332 Or. 216

ONRC ACTION, and Klamath Forest Alliance, Plaintiffs-Appellants, v. COLUMBIA PLYWOOD, INC., Defendant-Appellee. ONRC Action, and Klamath Forest Alliance, Plaintiffs-Appellants/Cross-Appellees, v. Columbia Plywood, Inc., Defendant-Appellee/Cross-Appellee.

Supreme Court of Oregon, En Banc.

Decided June 8, 2001.

Attorney(s) appearing for the Case

William C. Carpenter, Jr., Eugene, argued the cause and filed the brief for plaintiffs-appellants.

Karen O'Kasey, of Schwabe, Williamson & Wyatt, Portland, argued the cause and filed the brief for defendant-appellee. With her on the brief was Patricia M. Dost.

Jas. Jeffrey Adams, Assistant Attorney General, Salem, filed the brief for amici curiae Environmental Quality Commission and Department of Environmental Quality.

LEESON, J.

This case is before the court on certified questions of Oregon law from the United States Court of Appeals for the Ninth Circuit. ORS 28.200 et seq.; ORAP 12.20. We accepted the certified questions. See Western Helicopter Services v. Rogerson Aircraft, 311 Or. 361, 811 P.2d 627 (1991) (discussing factors court considers in exercising discretion to accept certified questions...

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