Living Rivers v. Utah Div. of Water Quality
Annotate this CaseUS Oil Sands, Inc. applied for a discharge permit from the Utah Board of Water Quality (BWQ) for its tar sands bitumen-extraction project. In 2008, the BWQ issued the discharge permit. The 2008 decision was reaffirmed by the Executive Secretary in 2011. Living Rivers, an environmental advocacy organization, intervened and sought administrative review of the Secretary’s decision. The BWQ affirmed the issuance of the 2008 permit on its merits. Living Rivers petitioned for review of the BWQ’s decision. The Supreme Court dismissed the case for lack of jurisdiction, holding that because was no timely challenge to the 2008 decision, the original permit was final and not subject to further challenge on the merits.
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