KINZUA RES. v. OR. DEP'T OF ENVTL. QUALITY

A161527.

523 P.3d 120 (2022)

323 Or. App. 37

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 7, 2022.


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 . On the reply brief were Julie A. Weis and Michael E. Haglund.

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

Before Mooney, Presiding Judge, and Pagán, Judge, and DeHoog, Judge pro tempore.


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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