Eastern Oregon Mining Association v. DEQ

Under ORS 14.175, when a permit issued by an Oregon agency expires, and a new permit is issued that is the same as the expired permit, a challenge to the expired permit may be dismissed as moot, where the issues are not likely to evade judicial review in a future challenge to the new permit.

Petitioners Eastern Oregon Mining Association, Waldo Mining District, and four individual miners appealed from a motion for summary judgment granted in favor of Respondent Department of Environmental Quality, which dismissed a consolidated action that was settled by the parties. The issue below involved judicial review of a 2010 permit, which expired in 2014 during the pendency of this appeal. A new permit covering the same activities was issued in 2015 that Petitioners have not challenged; however, Petitioners argued the appeal should be allowed under under ORS 14.175 because the issues with the 2015 permit are the same as with the 2010 permit and are likely to evade judicial review. Respondent argued on appeal, and the Court agreed, that Petitioners may effectively challenge the 2015 permit in a case that is not moot using substantially the same work they did to challenge the 2010 permit. Motion to dismiss granted; appeal dismissed as moot.