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Supreme Court Denies Cert. in Oregon Suction Dredge Case

The Supreme Court has denied cert. in the Oregon suction dredge case that I blogged about on January 7 and February 6. The case, which was on appeal from the Oregon State Supreme Court addressed whether a suction dredger needed an NPDES permit. The Eastern Oregon Mining Association argued there was no discharge subject to NPDES permitting because miners were suctioning up creek bottoms and discharging right back to the creek, hence no addition of pollutants. Links to the cert. petition and the Mining Association amicus brief are contained in the January 7 and February 6 Blogposts. This was a dangerous case because an adverse ruling from SCOTUS would have had significant implications for wetlands regulation in addition to suction dredging.



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