Environmental Quality Generally

ORS 468.085
Sovereign immunity defense

The defense of sovereign immunity is applicable in any action or other proceeding brought under ORS 468.076 (Definitions for ORS 468.076 to 468.089) to 468.087 (Application and construction of ORS 468.076 to 468.087) only to the extent that it would apply to a person injured or threatened with injury in Oregon. [1991 c.826 §8]
Note: See note under 468.076 (Definitions for ORS 468.076 to 468.089).
Chapter 468

See also annotations under ORS chapter 449 in permanent edition.

Notes of Decisions

It was proper for Department of Environmental Quality to consider statutory provisions of this chapter while acting on solid waste disposal permit application under ORS 459.205 to 459.265. Land Reclamation, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Atty. Gen. Opinions

Authority of department to review engineering data and design of wigwam waste burner or of air pollution control equipment, or to prohibit construction or installation, (1971) Vol 35, p 917; state antipollution regulations applicable to mining activities in wilderness areas in national parks, (1972) Vol 35, p 1042; power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environmental Quality Commission and Department of Environmental Quality to regulate disposition of food processing byproducts to prevent air or water pollution, (1979) Vol 39, p 770

Law Review Citations

4 EL 339 (1974)


Last accessed
Jun. 26, 2021