Protecting Public Health and the Environment.

Precedential Agency Orders

The Idaho Administrative Procedure Act (Idaho Code Section 67-5250) requires agencies to maintain an index of written final orders that the agency intends to rely upon as precedent. These orders will serve as examples or authority for resolving cases with identical or similar issues that come before the Board of Environmental Quality.

To obtain a copy of the full text of an order, contact Paula Wilson, DEQ Administrative Rules Coordinator, at (208) 373-0418 or paula.wilson@deq.idaho.gov.

Case Name Subject Type of Order
1

Pines Inc. v. IDHW,
Docket No. 0107-91-04

Pines Inc., Petitioner

Swimming Pool Variance Report of Hearing Officer

Affirmed by Order of the Board (8/31/91)

2

Rickards v. IDHW,
Docket Nos. 0101-91-02 and 0101-90-44

Peter Rickards, Petitioner

Air Quality Permit
(U.S. DOE)

Findings of Fact, Conclusions of Law and Decision

Affirmed by Order of the Board (10/24/91)

3

Rickards v. IDHW,
Docket No. 0101-92-12

Peter Rickards, Petitioner
U.S. DOE, Intervenor

Air Quality Permit
(U.S. DOE)

Hearing Officer’s Findings of Fact, Conclusions of Law, and Proposed Decision and Order on Motions for Summary Judgment

Affirmed by Order of the Board (6/17/93)

4

Sievers/Lawson Farms v. IDHW,
Docket Nos. 0114-91-16 and 0114-91-19

Joe Sievers and Lawson Farms, Petitioners

Agricultural Water Quality (soil conservation district contracts)

Hearing Officer’s Report

Affirmed by Order of the Board (11/6/92)

5

Hardy v. IDHW,
Docket No. 0102-91-24

Earl Hardy, Petitioner
Hagerman Valley Citizens Alert, Idaho Conservation League, et al, Intervenors

401 Water Quality Certification for NPDES permit

Recommended Findings of Fact, Conclusions of Law and Order

Affirmed by Order of the Board (6/18/93)

6

Spokane River Association v. IDHW,
Docket No. 0112-92-26

Spokane River Association, Petitioner
City of Hayden, Intervenor

Wastewater Treatment Loan (City of Hayden)

Findings of Fact, Conclusions of Law, and Recommended Order

Affirmed by Order of the Board (3/8/93)

7

Rural Kootenai Organization, Inc. v. IDHW,
Docket No. 0102-95-34

Rural Kootenai Organization, Petitioner

McCormack Properties of Idaho, Inc., Intervenor

Wastewater Treatment System Permit (McCormack Properties of Idaho, Inc.)

Findings of Fact, Conclusions of Law and Preliminary Order

Affirmed by Order of the Board (12/6/96)

8

Idaho Rivers United v. IDHW,
Docket No.0113-95-32

Idaho Rivers United, Petitioner
Stibnite Mine, Inc., Intervenor

Ore Processing by Cyanidation Permit (Stibnite Mine, Inc.)

Order Denying Petitioners’ Motion for Summary Judgment and Granting Partial Summary Judgment to Respondent/ Intervenor (preliminary order of hearing officer) (4/12/96)

9

Idaho Rivers United v. IDHW,
Docket No. 0113-95-28

Idaho Rivers United, Petitioner

Ore Processing by Cyanidation Permit (Walker Mining Co., Inc.)

Preliminary Order on Motion for Summary Judgment (granting DEQ’s motion for summary judgment)
(6/25/96)

10

Ford v. IDHW,
Docket No. 0102-98-16

Deborah Ford, Petitioner

Land farming operation at Dave Lewis Site for treatment of contaminated soil Findings of Fact, Conclusions of Law and Preliminary Order
(6/16/99)
11

Gerlitz v. IDHW,
Docket No. 0108-99-02

Tim and Sherri Gerlitz, Petitioners

Reimposition of sanitary restrictions upon lots in Harbor View Estates Subdivision, Kootenai County, Idaho

Decision and Preliminary Order

Order Affirming Decision of the Hearing Officer
(2/28/00)

12

Rebound v. IDHW,
Docket No. 0101-99-07

Rebound; The International Brotherhood of Electrical Workers, Local 73; The United Association of Plumbers and Steamfitters, Local 44, Petitioners
Rathdrum Power, LLC, Intervenor

Air Quality Permit issued to Rathdrum Power to construct an electric generating project in Kootenai County, Idaho

Order on Motions to Dismiss

Order Affirming Decision of the Hearing Officer
(2/28/00)

13

In re: Permit Applicant Garnet Energy LLC,
Docket No. 0101-01-10

Penny Steadham and
Jonna Weber, Petitioners

Victor Hill and David and Deloris Cram, Intervenors
Garnet Energy, Intervenor

Air Quality Permit issued to Garnet Energy LLC to construct and operate a power facility in Canyon County

Idaho Order Granting Motion for Summary Judgment
(preliminary order of the hearing officer)
(2/22/02)

14 In the matter of Section 401 Water Quality Certification for Relicensing of the C.J. Strike Hydroelectric Facility,
Docket No. 0102-01-06

Idaho Rivers United and

American Rivers, Petitioners
Idaho Power Company, Intervenor

401 Water Quality Certification Relicensing (C.J. Strike Hydroelectric Facility)

Recommended Order on Motions for Summary Judgment (dismissing petition based on lack of standing as argued by intervenor Idaho Power Company in its motion for summary judgment)

Order of the Board
(finding that IRU has representational standing and remanding the matter to hearing officer for determination on the substantive claims)
(11/4/02)

15

J.R. Simplot Co. v. DEQ,
Docket No. 0101-03-07

J.R. Simplot Co., Petitioner

Idaho Conservation League, Petitioned to Intervene

Air Quality Tier I Operating Permit and Permit to Construct issued to J.R. Simplot Co. Don Siding Plant

Amended Order on Petition to Intervene
Order on Motion for Reconsideration
(hearing officer denying ICL’s petition to intervene)

Order on Intervention
(Board affirming hearing officer decision)
(8/13/03)

Donald Chisholm’s letter of dissent
(8/11/03)

16

Solomon v. DEQ,
Docket No. 0101-03-01

Mark Solomon, Friends of the Clearwater and Idaho Conservation League, Petitioners

Potlatch Corporation, Intervenor

Petition for review of Tier 1 air quality permits issued to Potlatch Corporation

Order Denying Reconsideration of Motion to Dismiss, Motion for Summary Judgment and Other Preliminary Matters

(hearing officer denying Potlatch and DEQ's motion to dismiss and motion for summary judgment)

Order of the Board
(granting summary judgment and dismissing case - rejecting hearing officer's order)
(12/17/03)

17

In the matter of Section 401 Water Quality Certification for Relicensing of the C.J. Strike Hydroelectric Facility,
Docket No. 0102-01-06

Idaho Rivers United and American Rivers, Petitioners

Idaho Power Company, Intervenor
401 Water Quality Certification Relicensing (C.J. Strike Hydroelectric Facility)

Findings of Fact, Conclusions of Law and Recommended Order on Motions for Summary Judgment

(hearing officer granting DEQ's motion for summary judgment and denying petitioner's motion for summary judgment)

Order of the Board
(affirming hearing officer's recommended order)
(12/17/03)
18

In the Matter of the Application of Safety-Kleen, Inc. for a HWMA Permit for its Boise, Idaho Service Center
Docket No. 0105-03-15

Safety-Kleen Systems, Inc.

Petitioner

Petition for review of permit decision regarding Safety-Kleen's Continuous Use Program (CUP)

Order on Petition for Review of October 27, 2003 Preliminary Order Denying Motion to Dismiss or Alternatively October 6, 2003 Preliminary Order Granting Review
(order of the Board granting DEQ's motion to dismiss)
(3/31/04)

19

Hecla Mining Company v. DEQ
Docket No. 0102-03-13

Hecla Mining Company, Petitioner

Idaho Conservation League, Intervenor

Petition for review of conditions and omissions in DEQ's 401 water quality certification of Hecla's NPDES Permit No. ID-000017-5 for Lucky Friday Mine and Mill

Order on Petition to Intervene (hearing officer denying ICL's petition to intervene)

Order on Intervention
(Board granting ICL's petition to intervene)(4/30/04)

20

Hecla Mining Company v. DEQ
Docket No. 0102-03-13

Hecla Mining Company, Petitioner

Idaho Conservation League, Intervenor

Petition for review of conditions and omissions in DEQ's 401 water quality certification of Hecla's NPDES Permit No. ID-000017-5 for Lucky Friday Mine and Mill

Order Dismissing Contested Case with Prejudice
(hearing officer issued order based on Stipulation and Motion for Dismissal filed by Petitioner and Respondent) (6/15/04)

21

Young's Septic Service v. DEQ
Docket No. 0115-03-17

Young's Septic Service, Petitioner

Petition for review of the ruling of DEQ approving application by Simmons Sanitation in Seven Mile Creek Drainage Area, Idaho County for a proposed non-municipal solid waste landfill

Findings of Fact, Conclusions of Law, and Preliminary Order on Motions for Summary Judgment (granting DEQ's motion for summary judgment)

Final Order on Petition for Review
(Board affirming hearing officer's preliminary order) (9/30/04)

22

In the Matter of Simmons Sanitation
Docket No. 0106-05-01

Ken Jones, Petitioner
Simmons Sanitation,  Intervenor

Petition for review of the ruling of DEQ approving application by Simmons Sanitation in Seven Mile Creek Drainage Area, Idaho County for a proposed non-municipal solid waste landfill

Order Granting Intervention (preliminary order issued by hearing officer)

Order on Intervention
(Board affirming hearing officer's preliminary order) (06/23/05)

23

In the Matter of Simmons Sanitation
Docket No. 0106-05-01

Ken Jones, Petitioner

Simmons Sanitation,

Intervenor
Petition for review of the ruling of DEQ approving application by Simmons Sanitation in Seven Mile Creek Drainage Area, Idaho County for a proposed non-municipal solid waste landfill

Findings of Fact, Conclusions of Law, and Preliminary Order on Motion for Summary Judgment (preliminary order issued by hearing officer - final 10/11/05)

24

Pristine Springs, Inc. v. DEQ
Docket No. 0102-05-02

Pristine Springs, Inc.
Petitioner

Blue Lakes Trout Farm, Inc., Clear Lakes Trout Company, Inc., Estate of Earl M. Hardy, Fisheries Development Company, Idaho Trout Company, Inc., Rim View Trout Company, Inc., Rainbow Trout Farms, Inc.
Intervenors

Petition for review of Upper Snake Rock TMDL Modification

Preliminary Order on Motions for Summary Judgment (Hearing officer order granting DEQ’s motion for summary judgment)

Amended Final Order on Petition for Review of and Exceptions to Preliminary Order
(order of the Board granting DEQ’s motion for summary judgment) (06/11/07)

25

In the Matter of Section 401 Water Quality Certification of Sand Creek Byway Project
Docket No. 0102-07-01

Association of Concerned Sandpoint Businesses Petitioner

Idaho Transportation Department Intervenor

Petition for review of Section 401 Water Quality Certification of Sand Creek Byway Project

Preliminary Order
(at conclusion of the contested case hearing, the hearing officer granted Intervenor's and Respondent's motion for a directed ruling, finding that Petitioner presented no evidence that the Sand Creek Byway Project will not meet Idaho water quality standards) (06/24/08)

26

In the Matter of Section 401 Water Quality Certification, Wetland Fill and Boat Docks Along Lake Cascade
Docket No. 0102-07-04

Neighbors for a Healthy Gold Fork
Petitioner

Wildwood Development, LLC
Intervenor

Petition for review of Section 401 Water Quality Certification Final Order on Petition for Review of Preliminary Order (11/25/08)
27

In the Matter of Sunnyside Park Utilities' Application for Sewage Disposal Permit
Docket No. 0103-07-02

Sunnyside Park Utilities, Inc. Petitioner

Petition for review of DEQ's denial of application for sewage disposal permit Final Order on Petition for Review of Preliminary Order (04/07/09)
28

In the Matter of Rural Council, Inc.
Docket No. 0117-08-01

Idaho Rural Council, Inc.
Petitioner

Petition for initiation of rulemaking Order Regarding Petition for Initiation of Rulemaking
(order issued on November 21, 2008)
29

In the Matter of Emily Rene Smith and Kids vs Global Warming
Docket No. 0101-11-03

Emily Rene Smith
Kids vs Global Warming
Petitioners

Petition for initiation of rulemaking Order Denying Petition for Initiation of Rulemaking
(order issued on June 29, 2011)
30

Canyon County v. DEQ
Docket No. 0101-11-02

Canyon County
Petitioner

Petition for review of DEQ’s decision that petitioner’s motor vehicle registration may be revoked by the Idaho Transportation Department pursuant to Idaho Code § 39-116B

Final Order on Review of Recommended Order (order issued on December 28, 2011)

31

W. Allen Freeman v. DEQ
Docket No. 0101-11-04

W. Allen Freeman
Petitioner

Petition for review of DEQ’s decision that petitioner’s motor vehicle registration may be revoked by the Idaho Transportation Department pursuant to Idaho Code § 39-116B

Final Order on Review of Recommended Order (order issued on April 11, 2012)

 

32

W. Allen Freeman v. DEQ
Docket No. 0101-12-05

W. Allen Freeman
Petitioner

Petition for review of DEQ’s decision that petitioner’s motor vehicle registration may be revoked by the Idaho Transportation Department pursuant to Idaho Code § 39-116B

Preliminary Order (granting DEQ’s motion to dismiss or in the alternative motion for summary judgment) (order final on 03/11/13)

33

In the Matter of § 401 Water Quality Certification of the U.S. Army Corps of Engineers
§ 404 Nationwide Permits
Docket No. 0102-12-03

Idaho Conservation League
Petitioner

Petition for review of the Final § 401 Water Quality Certification of the U.S. Army Corps of Engineers § 404 Nationwide Permits issued by DEQ on 7/5/12

Preliminary Order (2/15/13 interlocutory order granting DEQ’s motion for partial summary judgment was converted to a preliminary order of declaratory ruling on 4/26/13)
(order final on 5/13/13)


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Staff Contacts

Administrative Rules Coordinator
Paula Wilson
DEQ State Office
Attorney General's Office
1410 N. Hilton
Boise, ID 83706
(208) 373-0418
paula.wilson@deq.idaho.gov

Related Pages

Board Members

Board Meetings, Agendas, and Minutes

Petitions for Review of Agency Actions