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PENNINGTON v. OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY

(CC OOC13878, OOC14299, OOC14297; SC S47599 (Control), S47742, S47743)

10 P.3d 250 (2000)

330 Or. 562

Melanie PENNINGTON, Petitioner on Review, v. OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY, Respondent on Review. Melanie Pennington, Petitioner on Review, v. Washington County, Respondent on Review, and State of Oregon, Respondent on Review. David Withers, Petitioner on Review, v. Washington County, Respondent on Review, and State of Oregon, by and through the Department of Corrections, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided August 31, 2000.

Attorney(s) appearing for the Case

David J. Hunnicutt, Tigard, argued the cause and filed the brief for petitioner on review Pennington.

Gregory S. Hathaway, Portland, argued the cause for petitioner on review Withers. With him on the brief were E. Michael Connor and Davis Wright Tremaine LLP, Portland.

Mary Hazel Williams, Assistant Solicitor General, Salem, argued the cause for respondents on review State of Oregon and Oregon Department of Environmental Quality. With her on the briefs were Brendan C. Dunn, Assistant Attorney General, Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

PER CURIAM.

These three proceedings are consolidated for the purposes of argument and decision. Case S47599 is a proceeding for judicial review of an order of respondent on review Oregon Department of Environmental Quality (DEQ). The DEQ order certified that construction activities for the siting of a proposed women's prison and intake center in Washington County by the Department of Corrections (DOC) complied with water quality requirements established by Section...

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