Environmental Quality Generally

ORS 468.110
Appeal

  • power of court to stay enforcement

Any person adversely affected or aggrieved by any order of the Environmental Quality Commission may appeal from such order in accordance with the provisions of ORS chapter 183. However, notwithstanding ORS 183.482 (Jurisdiction for review of contested cases) (3), relating to a stay of enforcement of an agency order and the giving of bond or other undertaking related thereto, any reviewing court before it may stay an order of the commission shall give due consideration to the public interest in the continued enforcement of the commission’s order, and may take testimony thereon. [Formerly 449.090; 2007 c.71 §148]

See also annotations under ORS 449.090 in permanent edition.

Notes of Decisions

This section provides that appeals from Environmental Quality Commission orders are governed by Administrative Procedures Act generally; it does not require that appeals from commission orders be treated as appeals from contested cases. Linnton Plywood Assoc. v. DEQ, 68 Or App 412, 681 P2d 1180 (1984), Sup Ct review denied

Amendment of ORS 183.484 to create 60-day appeal period did not impliedly repeal 30-day period for appealing decisions made under ORS 468.170. Tidewater Barge Lines, Inc. v. Environmental Quality Commission, 159 Or App 296, 974 P2d 807 (1999)

Source

Last accessed
Mar. 11, 2023

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