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KINZUA RES., LLC v. OREGON DEPT. OF ENVTL.

(SC S066676).

468 P.3d 410 (2020)

366 Or. 674

KINZUA RESOURCES, LLC, an Oregon limited liability company; Frontier Resources, LLC, an Oregon limited liability company; ATR Services, Inc., an Oregon corporation; and Gregory M. Demers, an individual, Respondents on Review, v. OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY, an agency of the State of Oregon; and Oregon Environmental Quality Commission, an agency of the State of Oregon, Petitioners on Review.

Supreme Court of Oregon, En Banc.

July 9, 2020.

Attorney(s) appearing for the Case

Inge D. Wells, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioners on review. Also on the briefs were Ellen Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Julie A. Weis, Haglund Kelley LLP, Portland, argued the cause and filed the brief for respondents on review. Also on the brief was Michael E. Haglund, Portland.

If a landfill has become inactive and the permit holder has failed to properly close it, then other persons "owning or controlling" the landfill site must fulfill obligations related to proper closure. ORS 459.205; ORS 459.268. The dispute in this case arises out of an order of the Environmental Quality Commission, which concluded that...

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