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SAVE OUR RURAL OREGON v. ENERGY FACILITY

SC S52315.

121 P.3d 1141 (2005)

339 Or. 353

In the Matter of the Application for a Site Certificate for the COB Energy Facility SAVE OUR RURAL OREGON, Carl and Susie Gibson, William and Melyn M. "Lyn" Brock, Lewis W. Sowles, Maryann Reed, Mary Kent, Cheri Madsen, Mario and Diana Giordano, Douglas Madsen, Marsha Robinson, Roger Hamilton, Berkeley Cone, Douglas and Gail Whitsett, Lynda King-Clegg, Ann S. Fairclo, Don Rajnus, Cindy Deas, Darrel and Traudy Bagley, and Water for Life, Petitioners, v. Energy Facility Siting Council, Respondent, and Cob Energy Facility LLC, Intervenor.

Supreme Court of Oregon, En Banc.

Argued and submitted May 11, 2005.

Attorney(s) appearing for the Case

Edward J. Sullivan, Garvey Schubert Barer, Portland, argued the cause and filed the briefs for petitioners. With him on the briefs was Carrie A. Richter, Portland.

Denise J. Fjordbeck, Assistant Attorney General, Salem, argued the cause and filed the briefs for respondent Energy Facility Siting Council. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

James N. Westwood, Stoel Rives LLP, Portland, argued the cause and filed the briefs for Intervenor COB Energy Facility LLC. With him on the briefs were Timothy L. McMahan, Michelle M. Rudd, and Peter D. Mostow, Portland.

BALMER, J.

Petitioners seek judicial review of a final order of the Energy Facility Siting Council (council) granting a site certificate that would allow COB Energy Facility LLC (COB) to build an energy facility in Klamath County. Petitioners are 22 Klamath County residents who live near the site of the proposed facility and two organizations representing those residents. Respondents are the council and COB. This case comes...

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