J. Arlie Bryant, Inc. v. Columbia River Gorge Commission

Petitioner seeks review of the Columbia River Gorge Commission’s (commission) order directing a five-year phaseout of petitioner’s quarry operation located in the Columbia River Gorge National Scenic Area. We affirm.

Petitioner’s principal arguments are that the commission lacked statutory and regulatory authority to order a phaseout of an allegedly nonconforming use. Petitioner acknowledges that it did not raise those issues below, but contends we should reach them nevertheless because they present “a matter of profound public consequence” that “transeend[s] the interests of the present…