TUALATIN RIVERKEEPERS, an Oregon non-profit corporation; Willamette Riverkeeper, an Oregon non-profit corporation; Columbia Riverkeeper, an Oregon non-profit corporation; and Liz Callison, Petitioners-Appellants,
v.
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY, an Agency of the State of Oregon; and Oregon Environmental Quality Commission, a Commission of the State of Oregon, Respondents-Respondents, and
Clean Water Services, City of Portland, Port of Portland, County of Multnomah, County of Clackamas, Clackamas County Service District Number One, Surface Water Management Agency of Clackamas County, City of Gladstone, City of Happy Valley, City of Lake Oswego, City of Milwaukie, City of Oregon City, City of River Grove, City of West Linn, City of Wilsonville, Oak Lodge Sanitary District, City of Gresham, and City of Fairview, Intervenors-Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted May 11, 2009.
Decided April 28, 2010.
Attorney(s) appearing for the Case
Christopher Winter argued the cause for appellants. With him on the joint briefs were Crag Law Center and Brent Foster.
Erin C. Lagesen, Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Jay T. Waldron, Portland, argued the cause for intervenors-respondents. With him on the joint brief were Laura Maffei, Andrew J. Lee and Schwabe, Williamson & Wyatt, P.C.; G. Kevin Kiely, James Kincaid, Carla Scott, and Cable Huston Benedict Haagensen & Lloyd LLP; David Doughman and Beery Elsner & Hammond LLP; and David Ris and Gresham City Attorney's Office.
James J. Nicita filed the brief amicus curiae for Northwest Environmental Defense Center, Northwest Environmental Advocates, Native Fish Society, Friends of the Clackamas River, and Barbara Kemper.
Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.
Court of Appeals of Oregon.
SERCOMBE, J.
Petitioners sought judicial review of several municipal storm water permits issued by respondent1 pursuant to ORS 468B.050 and the federal Clean Water Act, see 33 U.S.C. § 1342.2 They appeal following the trial court's grant of summary judgment in favor of respondent, contending that, in issuing the permits, respondent acted inconsistently with the requirements of ORS 468B.025(1)(b...
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