388 P.3d 372 (2016)

283 Or. App. 270

WARRENTON FIBER COMPANY, Petitioner-Respondent Cross-Appellant, v. DEPARTMENT OF ENERGY, Respondent-Appellant Cross-Respondent.

Court of Appeals of Oregon.

December 29, 2016.

Attorney(s) appearing for the Case

Jona J. Maukonen , Assistant Attorney General, argued the cause for appellant-cross-respondent. With her on the briefs were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

John M. Nygaard argued the cause and filed the briefs for respondent-cross-appellant.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge.

This case arises out of a decision by the Oregon Department of Energy (ODOE)'s decision that Warrenton Fiber is not eligible for a biomass tax credit for tree bark that it stripped from pulp logs at its mill and then sold as "hog fuel."1 Warrenton sought review of that decision in the circuit court, which concluded...

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