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G.A.S.P. v. ENVIRONMENTAL QUALITY COM'N

9908-08606; A111077.

118 P.3d 831 (2005)

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 and Department of Environmental Quality, Respondents.

Court of Appeals of Oregon.

Decided August 31, 2005.

Attorney(s) appearing for the Case

Stuart A. Sugarman and Richard E. Condt filed the brief for appellants.

Denise G. Fjordbeck, Senior Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Julie A. Smith, Assistant Attorney General.

Tom Lindley, Jeffrey C. Dobbins, Portland, and Perkins Coie LLP, filed the brief amicus curiae for Washington Demilitarization Company.

Before LANDAU, Presiding Judge, and EDMONDS and ORTEGA, Judges.

LANDAU, P.J.

Petitioners appeal a judgment affirming an order of the Oregon Environmental Quality Commission (EQC) that, in turn, clarified an earlier EQC order granting the United States Army (Army) a hazardous waste permit for the construction and operation of an incineration facility to destroy chemical weapons stored at the Umatilla Chemical Depot. Petitioners complain that the trial court erred because it did not permit them to make an adequate record and because...

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