Pacific Northwest - Mining

摘要

Oregon Court of Appeals Confirms Department of Environmental Quality's Authority Under the CWA to Issue Small Suction Dredge Mining Permit Regulating Discharge of Pollutants Eastern Oregon Mining Ass 'n v. Department of Environmental Quality, 398 P.3d 449 (Or. Ct. App. 2017) is the latest in a string of legal battles concerning the issuance of general discharge pennits for small suction dredge mining known as "700-PM permits" issued by the Oregon Department of Environmental Quality (DEQ). In a prior related case, the Oregon Court of Appeals invalidated a 700-PM permit issued by DEQ and adopted by the Oregon Environmental Quality Commission (EQC) in 2005 (2005 Permit) on the grounds that it exceeded the state's statutory authority. See Nw. Envtl. Def Ctr. v. EQC, 223 P.3d 1071 (Or. Ct. App. 2009); see also Vol. XXVII, No. 1 (2010) of this Newsletter.