G.A.S.P. v. Environmental Quality Commission

Petitioners, 1 several environmental organizations and a number of affected individuals, appeal from the trial court’s dismissal of their petition for judicial review of a final order that respondent Environmental Quality Commission (EQC) issued in an administrative proceeding that EQC treated as other than a contested case. Petitioners raise a number of procedural and substantive issues. First, we hold that petitioners do not have a right to a contested case hearing. Second, we hold that the trial court’s failure to provide an evidentiary hearing that meets the requirements described in…