G.A.S.P., Sierra Club, Oregon Wildlife Federation, Karyn Jones, Susan Jones, Heather Billy, Deborah Burns, Janice H. Lohman, Leandra Phillips, Merle C. Jones, Cindy Beatty, Andrea E. Stine, Dorothy Irish, Mary Bloom, Robert J. Palzer, Janet Nagy, Ladonna King, John Spomer, Christine Clark, Stuart Dick, Gail Horning, David Burns, Pius A. Horning, Karla Stuck, and Melanie Beltane, Appellants,
v.
ENVIRONMENTAL QUALITY COMMISSION of the State of Oregon, and Department of Environmental Quality of the State of Oregon, Respondents,
United States Army, Intervenor-Respondent.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted August 20, 2004.
Decided March 9, 2005.
Attorney(s) appearing for the Case
Richard E. Condit, Washington, D.C., argued the cause for appellants. With him on the briefs were Stuart A. Sugarman and Stuart A. Sugarman, LLC.
Denise G. Fjordbeck, Assistant Attorney General, argued the cause for respondents Department of Environmental Quality and Environmental Quality Commission. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Julie A. Smith, Assistant Attorney General.
Robert H. Foster, Denver, argued the cause for intervenor-respondent United States Army. On the brief were Thomas L. Sansonetti, United States Assistant Attorney General, Leslie J. Westphal, Assistant United States Attorney, and Elizabeth Ann Peterson, Attorney, Department of Justice, Washington, D.C. With them on the supplemental brief was Tamara N. Rountree, Attorney, Department of Justice.
Jeffery Dobbins argued the cause for Washington Demilitarization Company. With him on the amicus curiae brief were Tom Lindley, Peggy L. Crane, and Perkins Coie LLP.
Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.
Court of Appeals of Oregon.
EDMONDS, P.J.
Petitioners,1 several environmental organizations and a number of affected individuals, appeal from the trial court's dismissal of their petition for judicial review of a final order that respondent Environmental Quality Commission (EQC) issued in an administrative proceeding that EQC treated as other than a contested case. Petitioners raise a number of procedural and substantive issues. First, we hold that petitioners do...
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