Bandon Pacific v. Environmental Quality Commission

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Environmental Law
  • Date Filed: 08-26-2015
  • Case #: A150445
  • Judge(s)/Court Below: Garrett, J. for the Court; DeVore, P.J.; & Ortega, J.
  • Full Text Opinion

A department must consider all reasonably available information when reaching a conclusion as to the magnitude classification of violations.

Bandon Pacific appealed an order from the Environmental Quality Commission (EQC) that imposed penalties for numerous violations of the National Pollution Discharge Elimination System permit and state laws related to the disposal of solid waste. EQC deemed the violations to be moderate, which leads to higher penalties, while Bandon Pacific argued the penalties should be deemed "minor" because there was no more than a "de minimis adverse impact on human health or the environment." The Court held that EQC had failed to provide substantial reasoning in reaching its conclusion that petitioner's violations were "moderate" in magnitude. Reversed and remanded for reconsideration.

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