Kinross Copper Corp. v. State of Oregon

Plaintiff Kinross Copper Corporation petitions for reconsideration of our opinion affirming the trial court’s entry of summary judgment dismissing plaintiffs state and federal takings claims based on the denial of a permit to discharge mining wastewater into a river of the state. Kinross Copper Corp. v. State of Oregon, 160 Or App 513, 981 P2d 833 (1999). Plaintiff contends that, in our opinion, we erred in construing or applying the law. ORAP 6.25(1)(e). We allow the petition, but adhere to our opinion for the reasons that follow.

Plaintiff alleged that it suffered an uncompensated taking of…