EOMA WMD v. DEQ

EOMA WMD v. DEQ

UPDATED 11/14/2017

On November 9th, the Oregon Supreme Court granted review of the June 2, 2017 Oregon Court of Appeals decision affirming that court’s 2009 decision that suction dredge mining requires both Clean Water Act (CWA) permits – even though the CWA specifically states that for a single discharge only one (1) permit is required, and for dredging operations, a NPDES permit is not required.

ORAL ARGUMENTS ARE SCHEDULED FOR:
MAY 10, 2018, at 1:30 p.m.,
Oregon Supreme Court courtroom
1163 State Street, Salem, OR.

Petitioners EOMA/WMD et al. have 28 days (from 11/09) to file a brief on the merits, followed by up to 28 days for a response by DEQ.

FOR MORE INFORMATION ON THE EOMA/WMD v DEQ CASE:

CLICK HERE TO READ THE APRIL 2017 WMD NEWSLETTER


For the 2nd time in over ten years of litigation the Oregon courts have seen fit to declare our ongoing (since 2005) challenge to DEQ’s 700PM permit (required for suction dredge mining in Oregon) DISMISSED AS MOOT.

Our earlier challenge to the permit was filed in 2005, and our appeal of a Dec. 2009 decision by the Oregon Court of Appeals was declared moot by the Oregon Supreme Court in 2010, as the 2005 permit had expired.  Our latest challenge was filed in 2010 against the new 2010 permit; and once again, before we could reach a high court on appeal, the 2010 permit expired (and was replaced with the new 2015 700PM permit which contains all the fatal flaws as the previous permits), and once again we were declared moot (by the Oregon Court of Appeals).

On Sept. 18, 2015, EOMA/WMD filed a Petition for Review of the mootness decision with the Oregon Supreme Court.  On Dec. 10, the Oregon Supreme Court ruled to allow the Review.  This was followed by our Opening Brief, a Response from DEQ, and a Reply from EOMA/WMD.  (All of these documents can be found below).

For now, we wait for a Decision by the Oregon Supreme Court on whether we deserve a fair hearing & justice after over 10 years of litigation – or will Oregon once again declare us moot thereby allowing DEQ to continue to flagrantly issue prohibitively restrictive permits based on the wrong authority.

EOMA/WMD V. DEQ
IN THE
OREGON SUPREME COURT

SEPT. 18, ’15: EOMA/WMD Petition for Review
DEC. 10, ’15: Review Granted
MARCH 3, ’16: EOMA/WMD Opening Brief
MAY 12, ’16: DEQ Response Brief
MAY 26, ’16: EOMA/WMD Reply Brief

For the 2nd time in ten years of litigation the Oregon courts have seen fit to declare our ongoing (since 2005) challenge to DEQ’s 700PM permit (required for suction dredge mining in Oregon) dismissed as moot.  Our latest challenge was filed in 2010, and just before a hearing in the Court of Appeals the 2010 permit expired and was replaced by the 2015 700PM permit . . . and we were (once again) declared moot and dismissed (the court even had the ____ to invite us to file a new (3rd) challenge to the new permit).

On Thursday, March 3rd, 2016, EOMA/WMD et al. filed a brief in the Oregon Supreme Court arguing that the Oregon Court of Appeals decision on Aug. 19, 2015, declaring our case moot was wrong, that we are not moot . . .  and deserve to be heard.

CLICK HERE TO READ THE BRIEF
The Brief is a large file, please be patient.