City of Klamath Falls v. Environmental Quality Commission

This proceeding arises from an Environmental Quality Commission (EQC) contested case order denying certification to the City of Klamath Falls’ proposed Salt Cave hydroelectric project. The EQC denied certification on the basis of a regulation that limits development-caused changes in the temperature of river water. On judicial review, the Court of Appeals affirmed, and we allowed review of that decision. At issue is whether the EQC’s interpretation and application of OAR 340-41-965(2)(b)(A), 1 a regulation or standard prohibiting water temperature changes caused by development, is in error.…