Rivers v. Exec. Dir. of the Utah Dep't of Envtl. Quality & the Dir. of the Utah Div. of Water Quality

Justice Himonas, opinion of the Court:

*59INTRODUCTION

¶ 1 Living Rivers appears before this court for a second time to challenge a decision by the Utah Department of Environmental Quality (UDEQ) to issue a "permit by rule" to U.S. Oil Sands Inc. (USOS) for a bitumen-extraction project in the Uintah Basin. UDEQ first permitted this project in 2008, and Living Rivers filed its first challenge to the project in 2011. In reviewing this first challenge, we concluded that Living Rivers' 2011 petition-although framed as a challenge to UDEQ's 2011 decision to allow USOS to expand its project without…