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FRIENDS OF COLUMBIA GORGE v. ENERGY

SC S066993.

456 P.3d 635 (2020)

366 Or. 78

FRIENDS OF THE COLUMBIA GORGE, Oregon Wild, Central Oregon Landwatch, Wildlands Defense, Thrive Hood River, Greater Hells Canyon Council, Oregon Natural Desert Association, Oregon Coast Alliance, Audubon Society of Portland, and Columbia Riverkeeper, Petitioners, v. ENERGY FACILITY SITING COUNCIL and Oregon Department of Energy, Respondents.

Supreme Court of Oregon, En Banc.

January 16, 2020.

Attorney(s) appearing for the Case

Nathan J. Baker , Friends of the Columbia Gorge, Portland, argued the cause and filed the briefs for petitioners. Also on the briefs were Steven D. McCoy ; Peter M. Lacy , Oregon Natural Desert Association, Portland; and Gary K. Kahn , Reeves Kahn Hennessy & Elkins, Portland.

Denise G. Fjordbeck , Assistant Attorney General, Salem, argued the cause and filed the brief for respondents. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

In Friends of Columbia Gorge v. Energy Fac. Siting Coun., 365 Or. 371, 446 P.3d 53 (2019), this court held that the Energy Facility Siting Council had failed to substantially comply with a procedural requirement when it amended rules governing how it processes requests for amendment (RFAs) to site certificates that the council...

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