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G.A.S.P. v. EQC

000909349, A132835.

195 P.3d 66 (2008)

222 Or. App. 527

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, Mark R. 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 Cand Melanie Beltane, Petitioners-Respondents, v. ENVIRONMENTAL QUALITY COMMISSION OF the STATE of Oregon, and Department of Environmental Quality of the State of Oregon, Respondents-Appellants, and United States Army and Washington Demilitarization Company, Intervenors below.

Court of Appeals of Oregon.

Decided October 8, 2008.

Attorney(s) appearing for the Case

Denise G. Fjordbeck, Senior Assistant Attorney General, argued the cause for appellants. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Stuart A. Sugarman argued the cause for respondents. With him on the brief was Walker Warren & Watkins.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

The Oregon Environmental Quality Commission (EQC) and the Oregon Department of Environmental Quality (DEQ) (respondents1) appeal from a supplemental judgment awarding petitioners, various environmental groups and individuals, a portion of the costs and attorney fees that they incurred in disputing the provisions of a hazardous waste permit authorizing the construction and operation of an incineration facility to dispose...

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