Legal Opinion

Northwest Environmental Defense Center v. Environmental Quality Commission

Court of Appeals of Oregon

Decided December 23, 2009No. A129732; A130703PublishedCited by 5 opinions

1Opinion of the CourtSercombe, J.

This case involves dueling challenges under ORS 183.400 to a rule adopted by the Oregon Environmental Quality Commission (EQC) relating to small suction dredge mining operations. The rule at issue is actually a general discharge permit, known as the “700-PM permit,” which places certain conditions on the operation of small suction dredges in the waters of the state; miners can then seek authorization under the 700-PM permit to operate their suction dredges in accordance with the permit conditions. OAR 340-045-0033(1l)(d). On one side of the debate, an environmental interest group, Northwest…

2Cases cited5 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. National Mining Association v. U.S. Army Corps of EngineersCourt of Appeals for the D.C. Circuit · 1998
  3. Coeur Alaska, Inc. v. Southeast Alaska Conservation CouncilSupreme Court of the United States · 2009
  4. Friends of Columbia Gorge, Inc. v. Columbia River Gorge CommissionOregon Supreme Court · 2009
  5. Wolf v. Oregon Lottery CommissionOregon Supreme Court · 2008

3Cited by5 opinions

  1. Eastern Oregon Mining Ass'n v. Department of Environmental QualityOregon Supreme Court · 2016
  2. Eastern Oregon Mining Ass'n v. Department of Environmental QualityCourt of Appeals of Oregon · 2017
  3. Nedc v. EqcCourt of Appeals of Oregon · 2009
  4. E. Or. Mining Ass'n v. Dep't of Envtl. QualityOregon Supreme Court · 2019
  5. Eastern Oregon Mining Association v. DEQOregon Supreme Court · 2016

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