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EASTERN OR. MIN ASSN v. DEPT OF ENV QUALITY

(CC 10C24263), (CC 11C19071), (SC S065097).

445 P.3d 251 (2019)

365 Or. 313

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 25, 2019.

Attorney(s) appearing for the Case

James L. Buchal , Murphy & Buchal, LLP, Portland, argued the cause and filed the briefs for petitioners on review.

Michael A. Casper , Assistant Attorney General, Salem, argued the cause and filed the brief for respondents on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General, Salem.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, and Nelson, Justices, and Kistler, Senior Judge pro tempore.

The Clean Water Act, 33 USC §§ 1251-1388, prohibits the discharge of any pollutant into the waters of the United States unless the Environmental Protection Agency (the EPA) or the Army Corps of Engineers (the Corps) has issued a permit authorizing the discharge. 33 USC §§ 1311(a), 1342, 1344. Acting under authority...

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