Gilliam County v. Department of Environmental Quality

This case is before us on remand from the Supreme Court of the United States. Oregon Waste Systems v. Dept. of Env. Quality, 511 US _, 114 S Ct 1345, 128 L Ed 2d 13 (1994).

On judicial review pursuant to ORS 183.400,1 this court considered the validity of ORS 459.297, ORS 459.298, former OAR 340-61-115(1), and former OAR 340-61-120(6),2 providing for the imposition of a per-ton surcharge on the disposal in Oregon of solid waste generated outside the state. Gilliam County v. Dept. of Environmental Quality, 316 Or 99, 849 P2d 500 (1993).3 This court first held that former OAR 340-61-115(1) and…