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KINZUA RESOURCES v. DEPT. OF ENV. QUALITY

A161527.

434 P.3d 461 (2018)

295 Or. App. 395

KINZUA RESOURCES, LLC, an Oregon Limited Liability Company; Frontier Resources, LLC, an Oregon Limited Liability Company; ATR Services, Inc., an Oregon Corporation; and Gregory M. Demers, an Individual, Petitioners, v. OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY, an Agency of the State of Oregon, and Oregon Environmental Quality Commission, an Agency of the State of Oregon, Respondents.

Court of Appeals of Oregon.

December 12, 2018.

Attorney(s) appearing for the Case

Julie A. Weis , Portland, argued the cause for petitioners. Also on the opening brief were Michael E. Haglund and Sara Ghafouri. Also on the reply brief was Michael E. Haglund.

Denise G. Fjordbeck , Assistant Attorney General, argued the cause for respondents. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge.

Petitioners seek judicial review of a final order of the Environmental Quality Commission relating to property owned and previously operated as a landfill by petitioner, Kinzua Resources, LLC (Kinzua). Petitioners contend that the commission lacked authority to impose fines against petitioner...

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