PNW METAL RECYCLING, INC., dba Rivergate Scrap Metals, dba RS Davis Recycling, dba PNW Auto Parts, dba Orient Auto Parts and Recycling, an Oregon corporation; Schnitzer Steel Industries, Inc., an Oregon corporation; and Pacific Recycling, Inc., an Oregon corporation, Respondents on Review,
v.
Oregon DEPARTMENT OF ENVIRONMENTAL QUALITY, an agency of the State of Oregon, Petitioner on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted November 17, 2022.
December 7, 2023.
Attorney(s) appearing for the Case
Denise G. Fjordbeck , Assistant Attorney General, Salem, filed the opening brief for petitioner on review. Carson L. Whitehead , Assistant Attorney General, Salem, argued the cause and filed the reply brief for petitioner on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.
Lindsay Thane, Schwabe, Williamson & Wyatt PC, Portland, filed the brief for amici curiae Northwest Pulp & Paper Association, Oregon Business & Industry Association, Oregon Farm Bureau, Oregon Forest Industries Council, and Oregonians for Food and Shelter.
Jennifer Gates, Pearl Legal Group, Portland, filed the brief for amicus curiae Institute of Scrap Recycling Industries Pacific Northwest Chapter.
Before Flynn, Chief Justice, Duncan, Garrett, DeHoog, and Masih, Justices, and Balmer and Walters, Senior Judges, Justices pro tempore.
GARRETT, J.
Under ORS 459.205, a person operating a solid waste disposal site must obtain a permit from the Department of Environmental Quality (DEQ). Before 2018, DEQ did not apply that permit requirement to facilities that dismantled and recycled used vehicles, even if those facilities also disposed of other solid waste. Petitioners operate facilities...
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