PAGÁN, J.
This matter comes to us on remand from the Supreme Court, Kinzua Resources v. DEQ, 366 Or. 674, 468 P.3d 410 (2020) (Kinzua III), to address an argument by petitioners Demers, ATR Services, Inc., and Frontier Resources, LLC, that was not addressed in our previous opinion, Kinzua Resources v. DEQ,
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