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ETU, INC. v. ENVIRONMENTAL QUALITY COM'N

DEQ LQ/T-NWR-02-096; CA A121106; SC S53634.

162 P.3d 248 (2007)

343 Or. 57

ETU, INC., an Oregon corporation, and Ed Niemi Oil Company, Inc., an Oregon corporation, Petitioners on Review, v. ENVIRONMENTAL QUALITY COMMISSION, Respondent on Review.

Supreme Court of Oregon.

Decided June 28, 2007.

Attorney(s) appearing for the Case

Allan B. Bakalian, of Hanson Baker Ludlow Drumheller P.S., Bellevue, Washington, argued the cause and filed the brief for petitioners on review.

Brendan C. Dunn, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before, DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

GILLETTE, J.

This is an administrative law case involving a Department of Environmental Quality (DEQ) final order assessing civil penalties against ETU, Inc. (ETU) and Ed Niemi Oil Company, Inc. (Niemi) (collectively, respondents1). The issues presented are whether DEQ erred in choosing to serve a notice of violation and subsequent default orders only on respondents' registered agent, rather than...

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