Living Rivers v. U.S. Oil Sands, Inc.

Justice LEE,

opinion of the Court:

11 This case is before us on petition for review of an administrative determination of the Utah Board of Water Quality (BWQ). The BWQ decision before us here upheld the issuance of a discharge permit to U.S. Oil Sands, Inc., for its tar sands bitumen-extraction project in the Uintah Basin. The original discharge permit was granted by the Utah Division of Water Quality (DWQ) in 2008. The 2008 discharge permit was not challenged within thirty days under Utah Code section 638G-4-801(1)(a); it accordingly became final and immune from collateral attack. The 2008…