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LAND RECLAMATION v. DEPT. OF ENVIRON. QUALITY

No. 19-P-SW 329-NWR-79; CA 18457.

632 P.2d 37 (1981)

53 Or.App. 512

LAND RECLAMATION, INC., Ralph Gilbert, and Western Enterprises, Inc., Petitioners, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, William H. Young, Director, Respondents.

Court of Appeals of Oregon.

Decided August 10, 1981.

Reconsideration Denied September 24, 1981.

Attorney(s) appearing for the Case

Richard J. Brownstein, Portland, argued the cause for petitioners. With him on the briefs was Gilbertson, Brownstein, Sweeney, Kerr & Grim, Portland. Ronald A. Watson, Portland, joined in the briefs for petitioner Land Reclamation, Inc.

Frank W. Ostrander, Jr., Salem, argued the cause for respondents. With him on the briefs were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen. and Raymond W. Underwood, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Petitioners appeal from an order of the Environmental Quality Commission (commission) affirming the Department of Environmental Quality's (department) denial of petitioners' application for a solid waste disposal facility permit. ORS 459.205 et seq. Although both the department's and the commission's decisions appear to have been premised on the substantive conclusion that waste disposal would pollute the groundwater beneath the proposed...

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