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HAYES OYSTER CO. v. DEP'T OF ENVTL. QUALITY

A171318.

504 P.3d 15 (2021)

316 Or. App. 186

HAYES OYSTER COMPANY, Plaintiff-Appellant, v. DEPARTMENT OF ENVIRONMENTAL QUALITY and Richard Whitman, in his official capacity as its Director, Defendants-Respondents.

Court of Appeals of Oregon.

December 8, 2021.

Attorney(s) appearing for the Case

Thomas R. Benke argued the cause and filed the briefs for appellant.

Jona J. Maukonen , Assistant Attorney General, argued the cause for respondents. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.

The Oregon Department of Environmental Quality (DEQ) issued a total maximum daily load (TMDL) for the Tillamook Bay Watershed in 2001. A TMDL is the calculation of the maximum amount of a pollutant allowed to enter a waterbody so that the waterbody will meet and continue to meet water quality standards for particular pollutants. Plaintiff...

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