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

Petitioners appeal a judgment affirming an order of the Oregon Environmental Quality Commission (EQC) that, in turn, clarified an earlier EQC order granting the United States Army (Army) a hazardous waste permit for the construction and operation of an incineration facility to destroy chemical weapons stored at the Umatilla Chemical Depot. Petitioners complain that the trial court erred because it did not permit them to make an adequate record and because, in any event, the clarifying order is not supported by substantial evidence. The EQC responds that the appeal should be dismissed because…