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NEDC v. EQC

A129732 (Control); A130703.

223 P.3d 1071 (2009)

232 Or. App. 619

NORTHWEST ENVIRONMENTAL DEFENSE CENTER, an Oregon nonprofit corporation; Siskiyou Project, an Oregon nonprofit corporation; and Hells Canyon Preservation Council, an Oregon nonprofit corporation, Petitioners, v. ENVIRONMENTAL QUALITY COMMISSION; Department Of Environmental Quality; Stephanie Hallock, in her official capacity as Director of the Department of Environmental Quality; Eastern Oregon Mining Association, an incorporated association; Guy Michael; and Robert Heitmanek, Respondents. Eastern Oregon Mining Association, an incorporated association; Guy Michael; and Robert Heitmanek, Petitioners, v. Department of Environmental Quality; Stephanie Hallock, in her capacity as director of the Department of Environmental Quality; and Lauri Aunan, in her capacity as administrator of the Department of Environmental Quality, Respondents.

Court of Appeals of Oregon.

Decided December 23, 2009.

Attorney(s) appearing for the Case

Allison LaPlante argued the cause for petitioners Northwest Environmental Defense Center, Siskiyou Project, and Hells Canyon Preservation Council. With her on the briefs were Melissa Powers and Pacific Environmental Advocacy Center, Portland and Peter M.K. Frost and Western Environmental Law Center, Eugene.

James L. Buchal, Portland, argued the cause for petitioners Eastern Oregon Mining Association, Guy Michael, and Robert Heitmanek. With him on the briefs was Murphy & Buchal LLP.

Denise J. Fjordbeck, Senior Assistant Attorney General, argued the cause for respondents Department of Environmental Quality, Environmental Quality Commission, Stephanie Hallock, and Lauri Aunan. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

This case involves dueling challenges under ORS 183.400 to a rule adopted by the Oregon Environmental Quality Commission (EQC) relating to small suction dredge mining operations. The rule at issue is actually a general discharge permit, known as the "700-PM permit," which places certain conditions on the operation of small suction dredges in the waters of the state; miners can then seek authorization under the 700-PM permit to operate their suction dredges...

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