EASTERN OR. MIN. v. DEPT. OF ENV. QUALITY

A156161.

398 P.3d 449 (2017)

285 Or.App. 821

EASTERN OREGON MINING ASSOCIATION; Guy Michael; and Charles Chase, Petitioners-Appellants, v. DEPARTMENT OF ENVIRONMENTAL QUALITY; Dick Pederson, in his capacity as Director of the Department of Environmental Quality; and Neil Mullane, in his capacity as Administrator of the Water Quality Division of the Department of Environmental Quality, Respondents-Respondents. Waldo Mining District, an unincorporated association; Thomas A. Kitchar; and Donald R. Young, Petitioners-Appellants, v. Department of Environmental Quality; Dick Pederson, in his capacity as Director of the Department of Environmental Quality; and Neil Mullane, in his capacity as Administrator of the Water Quality Division of the Department of Environmental Quality, Respondents-Respondents.

Court of Appeals of Oregon.

Argued on remand May 4, 2017.

June 1, 2017.


Attorney(s) appearing for the Case

James L. Buchal argued the cause for appellants. With him on the briefs was Murphy & Buchal LLP.

Michael A. Casper , Assistant Attorney General, argued the cause for respondents. On the answering brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Inge D. Wells , Assistant Attorney General. On the supplemental brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Michael A. Casper , Assistant Attorney General.

Before Armstrong, Presiding Judge, and Egan, Judge, and Shorr, Judge.


This case returns to us on remand from the Supreme Court. The first issue on remand is whether we will exercise our discretion under ORS 14.175 to decide the otherwise moot issues presented by this case. As discussed below, we decide to exercise our discretion to reach only petitioners' first assignment of error. With respect to the merits...

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