Legal Opinion
E. Or. Mining Ass'n v. Dep't of Envtl. Quality
Oregon Supreme Court
Decided July 25, 2019No. CC 10C24263, (CC 11C19071), (SC S065097)PublishedCited by 14 opinions
1Opinion of the Court
*263In holding that such "incidental fallback" did not require a permit under the Clean Water Act, the Court of Appeals explained "that **334the straightforward statutory term 'addition' cannot reasonably be said to encompass the situation in which material is removed from the waters of the United States and a small portion of it happens to fall back." Id. at 1404. The Court of Appeals accordingly directed the Corps to exclude "incidental fallback" from the definition of "discharge of dredged materials."
In directing the Corps to exclude "incidental fallback," the Court of Appeals specifically…
2Cases cited11 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Kisor v. WilkieSupreme Court of the United States · 2019
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sarepta Therapeutics v. Oregon Health AuthorityCourt of Appeals of Oregon · 2023
- Idaho Conservation League v. Shannon PoeCourt of Appeals for the Ninth Circuit · 2023
- Bowers v. BetschartCourt of Appeals of Oregon · 2021
- NewSun Energy, LLC v. Public Utility Comm.Court of Appeals of Oregon · 2024
- Siletz Anglers Assn. v. ODFWCourt of Appeals of Oregon · 2024
9 more not listed; retrieve them via the Exa API.