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FRIENDS OF COLUMBIA v. ENERGY FACILITY

(SC S065478).

477 P.3d 1191 (2020)

367 Or. 258

FRIENDS OF THE COLUMBIA GORGE, Northwest Environmental Defense Center, Oregon Natural Desert Association, Oregon Wild, Hood River Valley Residents Committee, Columbia Riverkeeper, Wildlands Defense, Greater Hells Canyon Council, and Oregon Coast Alliance, Petitioners, v. ENERGY FACILITY SITING COUNCIL and Oregon Department of Energy, Respondents.

Supreme Court of Oregon, En Banc.

December 10, 2020.

Attorney(s) appearing for the Case

Gary K. Kahn , Reeves, Kahn, Hennessy & Elkins, Portland, submitted the petition for attorney fees and the reply to the objection to petition for attorney fees for petitioners. Also on the filings were Nathan J. Baker and Steven D. McCoy , Friends of the Columbia Gorge, Portland, and Peter M. Lacy , Oregon Natural Desert Association, Portland.

Nathan J. Baker , Friends of the Columbia Gorge, Portland, submitted the petition for costs and disbursements and the reply to the objection to the petition for costs and disbursements for petitioners.

Denise G. Fjordbeck , Assistant Attorney General, Salem, submitted an objection to the petition for attorney fees and an objection to the petition for cost and disbursements for respondents. Also on the filings were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

This is an attorney fee dispute arising out of an administrative rules challenge. Petitioners successfully challenged rules adopted by the Energy Facility Siting Council that amended the process for reviewing requests for amendment (RFAs) to site certificates. Friends of Columbia Gorge v. Energy Fac. Siting Coun., 365 Or. 371,...

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