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Legal Opinion

Gilliam County v. Department of Environmental Quality

Oregon Supreme Court

Decided April 15, 1993No. DEQ 45-1990; CA A68441 (Control); SC S39659; CA A68455; SC S39658PublishedCited by 19 opinions

1Opinion of the CourtGraber, J.

At issue in this case is the validity of regulations imposing a per-ton surcharge on the disposal in Oregon of solid waste generated outside the state. ORS 459.297(1) provides:

“Beginning on January 1, 1991, every person who disposes of solid waste generated out-of-state in a disposal site or regional disposal site shall pay a surcharge as established by the Environmental Quality Commission under ORS 459.298. The surcharge shall be in addition to any other fee charged for disposal of solid waste at the site.”

ORS 459.298 provides:

“Subject to approval by the Joint Committee on Ways and Means…

2Cases cited15 opinions

  1. Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
  2. City of Philadelphia v. New JerseySupreme Court of the United States · 1978
  3. New Energy Co. of Indiana v. LimbachSupreme Court of the United States · 1988
  4. State v. KennedyOregon Supreme Court · 1983
  5. Wyoming v. OklahomaSupreme Court of the United States · 1992

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3Cited by19 opinions

  1. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
  2. Blank v. Department of CorrectionsMichigan Supreme Court · 2000
  3. Missouri Coalition for the Environment v. Joint Committee on Administrative RulesSupreme Court of Missouri · 1997
  4. State Ex Rel. Engweiler v. FeltonOregon Supreme Court · 2011
  5. GTE Northwest Inc. v. Public Utility CommissionOregon Supreme Court · 1995

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