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LIVING RIVERS v. EXECUTIVE DIRECTOR

No. 20160503.

417 P.3d 57 (2017)

2017 UT 64

LIVING RIVERS, Petitioner, v. EXECUTIVE DIRECTOR OF THE UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY and the Director of the Utah Division of Water Quality, in their official capacity, the Utah Department of Environmental Quality, the Utah Division of Water Quality, and U.S. Oil Sands Inc., Respondents.

Supreme Court of Utah.

Rehearing Denied December 12, 2017.

Attorney(s) appearing for the Case

Joro Walker , Charles R. Dubuc, Jr. , Salt Lake City, for petitioner.

Sean D. Reyes , Att'y Gen., Stanford E. Purser , Deputy Solic. Gen., Craig W. Anderson , Paul McConkie , Asst. Att'ys Gen., Salt Lake City, for respondents Utah Department of Environmental Quality and Utah Division of Water Quality.

A. John Davis , Christopher R. Hogle , M. Benjamin Machlis , Salt Lake City, for respondent U.S. Oil Sands Inc.

Having recused himself, Justice Pearce did not participate herein; District Court Judge M. James Brady sat.

INTRODUCTION

¶ 1 Living Rivers appears before this court for a second time to challenge a decision by the Utah Department of Environmental Quality (UDEQ) to issue a "permit by rule" to U.S. Oil Sands Inc. (USOS) for a bitumen-extraction project in the Uintah Basin. UDEQ first permitted this project...

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