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PNW METAL RECYCLING, INC. v. OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY

No. SC S069412.

372 Or. 158 (2024)

PNW METAL RECYCLING, INC., dba Rivergate Scrap Metals, dba RS Davis Recycling, dba PNW Auto Parts, dba Orient Auto Parts and Recycling, an Oregon corporation; Schnitzer Steel Industries, Inc., an Oregon corporation; and Pacific Recycling, Inc., an Oregon corporation, Respondents on Review, v. OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY, an agency of the State of Oregon, Petitioner on Review.

Supreme Court of Oregon.

April 11, 2024.

Attorney(s) appearing for the Case

Jon W. Monson , Cable Huston LLP, Portland, and Kirk B. Maag , Stoel Rives LLP, Portland, filed the petition for reconsideration on behalf of respondents on review. Also on the petition was Nicole M. Swift and Nicole A. W. Abercrombie , Cable Huston LLP, Portland.

Carson L. Whitehead , Assistant Attorney General, Salem, filed the response to the petition for reconsideration on behalf of petitioner on review.

Before Flynn, Chief Justice, Duncan, Garrett, DeHoog, and Masih, Justices, and Balmer and Walters, Senior Judges, Justices pro tempore.

GARRETT, J.

The petition for reconsideration is allowed. The former opinion is modified and adhered to as modified.

Respondents on review—hereafter, "petitioners"— seek reconsideration of this court's decision in PNW Metal Recycling, Inc. v. DEQ, 371 Or. 673, 540 P.3d 523 (2023), which vacated...

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