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COOS WATERKEEPER v. PORT OF COOS BAY OREGON

(SC S064934).

423 P.3d 60 (2018)

363 Or. 354

COOS WATERKEEPER, Former Petitioner, and Sierra Club, Greenpeace, and Friends of Living Oregon Waters, Petitioners on Review, v. PORT OF COOS BAY OREGON and Department of State Lands, Respondents on Review.

Supreme Court of Oregon, En Banc.

July 26, 2018.

Attorney(s) appearing for the Case

Jan E. Hasselman , Earthjustice, Seattle, Washington, argued the cause for petitioners on review. Karl G. Anuta , Portland, filed the briefs for petitioners on review. Also on the briefs were Jan E. Hasselman and Thomas M. Christ , Cosgrave Vergeer Kester LLP, Portland.

Jona J. Maukonen , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review Department of State Lands. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Steven L. Pfeiffer , Perkins Coie LLP, filed the brief for respondent on review Port of Coos Bay Oregon. Also on the brief were David A. Bledsoe and Kristina J. Holm.

Tommy A. Brooks , Cable Huston LLP, Portland, filed the brief for amicus curiae Oregon Public Ports Association.

Angela M. Otto , Ball Janik LLP, Portland, filed the brief for amicus curiae Associate General Contractors — Oregon-Columbia Chapter.

In this case, we review a final order of the Department of State Lands (DSL) that granted a permit to the Port of Coos Bay (Port) in connection with the construction of a deep water marine terminal in Coos Bay. The permit allows the Port to dredge 1.75 million cubic yards of material from the bay, while also imposing a number of conditions...

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