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EASTERN OREGON MINING ASSOCIATION v. DEPARTMENT OF ENVIRONMENTAL QUALITY

10C24263; 11C19071; A156161.

361 P.3d 38 (2015)

273 Or. App. 259

EASTERN OREGON MINING ASSOCIATION; Guy Michael; and Charles Chase, Petitioners-Appellants, v. DEPARTMENT OF ENVIRONMENTAL QUALITY; Dick Pederson, in his capacity as Director of the Department of Environmental Quality; and Neil Mullane, in his capacity as Administrator of the Water Quality Division of the Department of Environmental Quality, Respondents-Respondents. Waldo Mining District, an unincorporated association; Thomas A. Kitchar; and Donald R. Young, Petitioners-Appellants, v. Department of Environmental Quality; Dick Pederson, in his capacity as Director of the Department of Environmental Quality; and Neil Mullane, in his capacity as Administrator of the Water Quality Division of the Department of Environmental Quality, Respondents-Respondents.

Court of Appeals of Oregon.

Decided August 19, 2015.

Attorney(s) appearing for the Case

James L. Buchal argued the cause for appellants. With him on the briefs was Murphy & Buchal LLP.

Inge D. Wells , Assistant Attorney-in-Charge, argued the cause for respondents. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

PER CURIAM.

We consider whether this appeal—which concerns a now-expired permit—is justiciable under ORS 14.175. We conclude that it is not and dismiss the appeal as moot.

Petitioners Eastern Oregon Mining Association, Waldo Mining District, and four individual miners are involved in small-scale suction-dredge mining for gold and other minerals in Oregon waterways. In 2010, respondent Department of Environmental Quality (DEQ) adopted by order...

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