Coos Waterkeeper v. Port of Coos BayAnnotate this Case
In this case, the Oregon Supreme Court reviewed a final order of the Department of State Lands (DSL) that granted a permit to the Port of Coos Bay (Port) in connection with the construction of a deep water marine terminal in Coos Bay. The permit allowed the Port to dredge 1.75 million cubic yards of material from the bay, while also imposing a number of conditions to address environmental concerns. Petitioners were environmental advocacy groups who argued the Port’s application did not meet the requirements for issuing a permit set out in ORS 196.825. An Administrative Law Judge held a contested case hearing and rejected petitioners’ arguments. DSL reviewed the conclusions of the ALJ and issued a final order affirming the permit. The Court of Appeals affirmed DSL’s final order. Petitioners contended DSL erred in failing to consider evidence of certain negative effects of the construction and operation of the terminal in the permit application review process. The Oregon Supreme Court held DSL properly considered the criteria set out in ORS 196.825 and did not err in granting the permit.