Official Government Website

Petitions for Review and Precedential Orders

The Idaho Administrative Procedures Act (Idaho Code §67-5201 et seq.) and the “Rules of Administrative Procedure before the Board of Environmental Quality” (IDAPA 58.01.23) govern the process for filing a petition for review of a final agency action, and the process to be followed thereafter, including the resulting precedential order. 

This accordion will not appear on the screen

Hearing Coordinator

Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton St.
Boise, ID 83706
Phone: (208) 373-0418
Fax: (208) 373-0481
paula.wilson@deq.idaho.gov

Board-Approved Hearing Officers

  • Michael J. Kane, Boise
  • John C. Lynn, Boise
  • David E. Wynkoop, Boise
  • Richard P. Wallace, Coeur d’Alene
  • Frederick F. Belzer, Pocatello
  • Mark R. Petersen, Pocatello
  • David W. Lloyd, Boise
  • Dylan B. Lawrence, Boise
  • Edwin L. Litteneker, Boise
  • Christopher P. Graham, Boise
  • David V. Nielsen, Boise

    Process for the Appointment of Hearing Officers

Petitions for Review of Agency Actions Contested Case Petitions filed with the Idaho Board of Environmental Quality Pursuant to IDAPA 58.01.23
Case Docket No./Subject of Petition Date Filed Parties to Case
Case Docket No. 0111-20-01 Petition for Recategorization of a Portion of an Aquifer at Risk 11/19/2020 Jane Morgan, Post Falls David Shults, Coeur d’Alene Petitioners
Petitions for Review of IPDES Permit Decisions Pursuant to IDAPA 58.01.25.204
Case Docket No./Subject of Petition Date Filed Parties to Case
No petitions filed at this time.
Case NameSubject TypeType of Order

Pines Inc. v. IDHW

Docket No. 0107-91-04

Pines Inc., Petitioner

Swimming Pool Variance

Order of the Board (affirming attached Report of Hearing Officer)(08/13/91)

Rickards v. IDHW

Docket Nos. 0101-91-02 and 0101-90-44 

Peter Rickards, Petitioner

Air Quality Permit (U.S. DOE)

Order of the Board (adopting attached Findings of Fact, Conclusions of Law and Decision) (10/24/91)

Rickards v. IDHW

Docket No. 0101-92-12

Peter Rickards, Petitioner

U.S. DOE, Intervenor

Air Quality Permit (U.S. DOE)

Order of the Board (affirming attached Hearing Officer’s Findings of Fact, Conclusions of Law, and Proposed Decision and Order on Motions for Summary Judgment) (06/17/93)

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)

Order of the Board (affirming attached Hearing Officer’s Report) (11/06/92)

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

Order of the Board (affirming attached Recommended Findings of Fact, Conclusions of Law and Order)(06/18/93)

Spokane River Association v. IDHW

Docket No. 0112-92-26

Spokane River Association, Petitioner

City of Hayden, Intervenor

Wastewater Treatment Loan (City of Hayden)

Order of the Board (affirming attached Findings of Fact, Conclusions of Law, and Recommended Order) (03/08/93)

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.)

Order of the Board (affirming attached Findings of Fact, Conclusions of Law and Preliminary Order)(12/06/96)

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) (04/12/96)

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) (06/25/96)

Ford v. IDHW

Docket No. 0102-98-16

Deborah Ford, Petitioner

Approval of land farming operation at Dave Lewis Site for treatment of contaminated soilFindings of Fact, Conclusions of Law and Preliminary Order (affirming DEQ’s decision) (06/16/99)

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

Order Affirming Decision of the Hearing Officer (Decision and Preliminary Order affirming DEQ’s decision attached) (02/28/00)

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 Affirming Decision of the Hearing Officer
(Hearing Officer’s Order on Motions to Dismiss attached – Petitioners lack standing) (02/28/00)

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 CountyIdaho Order Granting Motion for Summary Judgment
(preliminary order of the hearing officer granting summary judgment to Garnet and DEQ)
(02/22/02)

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 Idaho Rivers United has representational standing and remanding the matter to hearing officer for determination on the substantive claims)
(11/04/02)

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)
(08/13/03)

Board Member Donald Chisholm’s letter of dissent
(08/11/03)

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 to Potlatch and DEQ and dismissing case – rejecting hearing officer’s determination that Petitioners have standing) (12/17/03)

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)

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)
(03/31/04)

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)(04/30/04)

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 MillOrder Dismissing Contested Case with Prejudice
(hearing officer issued order based on Stipulation and Motion for Dismissal filed by Petitioner and Respondent) (06/15/04)

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) (09/30/04)

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 on Intervention
(Board affirming hearing officer’s preliminary order granting intervention) (06/23/05)

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 landfillFindings of Fact, Conclusions of Law, and Preliminary Order on Motion for Summary Judgment (hearing officer granting summary judgment to DEQ and Simmons Sanitation and finding that Petitioner lacks standing) (09/19/05)

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)

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 ProjectPreliminary 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)

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 CertificationFinal Order on Petition for Review of Preliminary Order (affirming hearing officer’s Findings of Fact, Conclusions of Law, and Preliminary Order affirming DEQ’s 401 certification and remanding to DEQ for further action) (11/25/08)

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 permitFinal Order on Petition for Review of Preliminary Order (vacating hearing officers preliminary order, denying Sunnyside and DEQ summary judgment, vacating DEQ’s denial, and Sunnyside’s application considered submitted to DEQ for review to be acted upon in a timely manner) (04/07/09)

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
(denying petition) (11/21/08)

In the Matter of Emily Rene Smith and Kids vs Global Warming

Docket No. 0101-11-03

Emily Rene Smith and Kids vs Global Warming (Alec and Victoria Loorz), Petitioners

Petition for initiation of rulemakingOrder Denying Petition for Initiation of Rulemaking
(06/29/11)

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 § 39-116BFinal Order on Review of Recommended Order (granting summary judgment to DEQ, denying summary judgment to Canyon County, and dismissing case) (12/28/11)

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 § 39-116BFinal Order on Review of Recommended Order (granting summary judgment to DEQ and dismissing case) (04/11/12)

W. Allen Freeman v. DEQ

Docket No. 0101-12-05

W. Allen Freeman,
Petitioner

Petition for review of DEQ’s decision that petitioners motor vehicle registration may be revoked by the Idaho Transportation Department pursuant to Idaho Code § 39-116BPreliminary Order (granting summary judgment to DEQ and dismissing case) (02/25/13)

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 7/5/12Preliminary Order (02/15/13 interlocutory order granting DEQ’s motion for partial summary judgment was converted to a preliminary order of declaratory ruling on 04/26/13)

In the Matter of Petition for Review of HWMA/RCRA Hazardous Waste Treatment and Storage Permit Renewal for the AMWTP issued to U.S. DOE and Fluor Idaho, LLC

Docket No. 0105-19-01

Tami Thatcher,
Petitioner

Petition for Review of HWMA/RCRA Hazardous Waste Treatment and Storage Permit Renewal for the Advanced Mixed Waste Treatment Project (AMWTP)

Amended Order on Idaho Department of Environmental Quality’s Motion to Dismiss (preliminary order issued by hearing officer granting DEQ’s motion to dismiss) (09/24/19)

ver: 3.4.0 | last updated:
Jump back to top of page button