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EASTERN OREGON MINING ASSOCIATION v. DEQ

CC 10C24263, CC 11C19071 CA A156161 SC S063549.

376 P.3d 288 (2016)

360 Or. 10

EASTERN OREGON MINING ASSOCIATION; Guy Michael; and Charles Chase, Petitioners on Review, 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 on Review. Waldo Mining District, an unincorporated Association; Thomas A. Kitchar; and Donald R. Young, Petitioners on Review, 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 on Review.

Supreme Court of Oregon.

July 14, 2016.

Attorney(s) appearing for the Case

James L. Buchal , Murphy & Buchal LLP, Portland, filed the briefs for petitioners on review. With him on the briefs was William P. Ferranti , Portland.

Michael A. Casper , Assistant Attorney General, Salem, filed the briefs for respondents on review. With him on the briefs were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Carson Whitehead , Assistant Attorney General.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, and Brewer, Justices, and Lagesen, Justice pro tempore.

Petitioners are a group of miners who operate small suction dredges in Oregon waterways. In this case, they challenge the lawfulness of an order of the Department of Environmental Quality (DEQ) adopting a general five-year permit that regulates that type of mining. By the time the challenge reached the Court of Appeals, however, the permit...

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