In the Matter of the Air Contaminant Discharge Permit Application of Willamette Industries, Inc.
LOCAL NO. 290, PLUMBERS AND PIPEFITTERS, and on behalf of Certain Individual Members Residing in Albany, Oregon, et al., and Royce Clouse, Respondents on Review,
v.
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY and The Environmental Quality Commission of Oregon, Petitioners on Review, and
WILLAMETTE INDUSTRIES, INC., Petitioner on Review.
In the Matter of the AIR CONTAMINANT DISCHARGE PERMIT APPLICATION OF GLENBROOK NICKEL COMPANY and
In the Matter of the NPDES PERMIT APPLICATION OF GLENBROOK NICKEL COMPANY.
LOCAL NO. 290, PLUMBERS AND PIPEFITTERS and Certain Individual Members, Respondents on Review,
v.
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY, Petitioners on Review, and
The ENVIRONMENTAL QUALITY COMMISSION OF OREGON, Defendant, and
GLENBROOK NICKEL COMPANY, Petitioner on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted May 9, 1996.
Decided July 18, 1996.
Attorney(s) appearing for the Case
John T. Bagg, Assistant Attorney General, Salem, argued the cause for petitioners on review/respondents on review Oregon Department of Environmental Quality and the Environmental Quality Commission of Oregon. With him on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
William H. Walters, of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause for petitioner on review Willamette Industries, Inc.
Lori Irish Bauman, Portland, argued the cause for petitioner on review Glenbrook Nickel Company. With her on the brief was Frank Langfitt, III, Portland.
Linda K. Williams, Portland, argued the cause and filed the brief for respondents on review Local 290, Plumbers and Pipefitters, et al.
Karl G. Anuta, of Larry Sokol & Associates, P.C., Portland, filed the briefs in S42667 and S42668 for amici curiae Northwest Environmental Defense Center, Pacific Coast Federation of Fishermen Association, Northwest Environmental Advocates, Bicycle Transportation Alliance, WaterWatch of Oregon, The Sierra Club, Oregon Natural Resources Council, Oregon Trout, Inc., Oregon Natural Desert Association, and American Civil Liberties Union Foundation of Oregon, Inc.
Thomas M. Christ, Portland, filed a brief in S42667 for amicus curiae ACLU Foundation of Oregon, Inc.
Laura A. Schroeder, Portland, filed a brief in S42667 for amicus curiae Oregon Water Resources Congress.
Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.
Supreme Court of Oregon.
GILLETTE, Justice.
These administrative law cases, consolidated in this court for purposes of argument and decision, involve challenges by Local 290, Plumbers and Pipefitters Union (the Union), to air and water discharge permits issued by the Department of Environmental Quality (DEQ) to Glenbrook Nickel Company and to an air discharge permit issued by DEQ to Willamette Industries, Inc. In each case, the Union asserted that the issuance of the permits violated various...
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