GILLIAM COUNTY, Oregon, and Oregon Waste Systems, Inc., Petitioners on Review,
v.
DEPARTMENT OF ENVIRONMENTAL QUALITY OF the STATE OF OREGON, Respondent on Review.
COLUMBIA RESOURCE COMPANY, L.P., a Washington Limited Partnership, Petitioner on Review,
v.
ENVIRONMENTAL QUALITY COMMISSION, Respondent on Review.
Supreme Court of Oregon, In Banc.https://leagle.com/images/logo.png
Argued and Submitted March 4, 1993.
Decided April 15, 1993.
Attorney(s) appearing for the Case
John DiLorenzo, O'Connell, Goyak & DiLorenzo, Portland, argued the cause and filed the petition, for petitioner on review Columbia Resource Co., L.P. With him on the petition was Michael E. Farnell.
J. Laurence Cable, Cable, Huston, Benedict, Haagensen & Ferris, Portland, argued the cause, for petitioner on review Oregon Waste Systems, Inc. James E. Benedict filed the petition for review. With Mr. Benedict on the petition was James M. Coleman, O'Donnell, Ramis, Crew & Corrigan, Portland, who waived argument, for petitioner on review Gilliam County, OR.
Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause, for respondents on review. With him on the response to the petition were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.
Supreme Court of Oregon, In Banc.
GRABER, Justice.
At issue in this case is the validity of regulations imposing a per-ton surcharge on the disposal in Oregon of solid waste generated outside the state. ORS 459.297(1) provides:
"Beginning on January 1, 1991, every person who disposes of solid waste generated out-of-state in a disposal site or regional disposal site shall pay a surcharge as established by the Environmental Quality Commission under ORS 459.298. The surcharge shall be in addition...
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