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. 

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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
Process for Appointment of 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

Template Forms
Submit on 8 1/2 X 11 paper (in Adobe Acrobat PDF format if filing electronically) with at least 1 inch side and top margins.

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 PetitionDate FiledParties to Case
No petitions filed at this time.  

Petitions for Review of IPDES Permit Decisions Pursuant to IDAPA 58.01.25.204

Case Docket No./Subject of PetitionDate FiledParties to Case
No petitions filed at this time.  
Case NameSubjectType of Order

Petition for Initiation of Rulemaking

Docket No. 0101-08-01

Idaho Conservation League, Petitioner

Petition for initiation of rulemaking for the adoption of a rule that would amend IDAPA 58.01.01, Rules for the Control of Air Pollution in Idaho, to add a provision that would prohibit the issuance of a Permit to Construct or Tier II Operating Permit to any new facility that has the potential to emit more than five pounds per year of mercury or mercury-containing compounds or to any existing facility that seeks to increase its current potential to emit by more than five pounds per year of mercury or mercury-containing compounds

Order Regarding Petition for Initiation of Rulemaking

(Board denying petition) (05/01/08)

Petition for Initiation of Rulemaking

Docket No. 0111-20-01

Jane Morgan and David Shults, Petitioners

Petition for Recategorization of a Portion of an Aquifer at Risk (petition for initiation of rulemaking) to define the Spokane Valley – Rathdrum Prairie Aquifer to include the Greenferry Water and Sewer District

Order Denying Petition for Initiation of Rulemaking

(issued by Board) (02/22/21)

Pines Inc. v. IDHW

Docket No. 0107-91-04

Pines Inc., Petitioner

Swimming Pool VarianceOrder 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 permitOrder 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 (hearing officer 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 (hearing officer ordered that DEQ’s approval issued for land farm operations at the Davis Lewis Site should not be revoked or amended) (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, IdahoOrder Affirming Decision of the Hearing Officer (hearing officer’s Decision and Preliminary Order affirming DEQ’s decision to reimpose sanitary restrictions is 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, IdahoOrder Affirming Decision of the Hearing Officer
(Board affirming attached hearing officer’s order granting motions to dismiss – 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 (hearing officer dismissing petition based on lack of standing as argued by intervenor in its motion for summary judgment)

Order of the Board
(finding that petitioner 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 PlantAmended 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
(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 (hearing officer 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 Granting Intervention (preliminary order issued by hearing officer)

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 granting DEQ’s motion for summary judgment and denying petitioner’s motion for summary judgment)

Amended Final Order on Petition for Review of and Exceptions to Preliminary Order
(Board affirming hearing officer’s preliminary order) (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 motion for directed ruling (joined by DEQ), 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 attached 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 (Board vacating hearing officers preliminary order, denying Sunnyside and DEQ summary judgment, vacating DEQ’s denial, and ruling Sunnyside’s application considered submitted to DEQ for review to be acted upon in a timely manner) (04/07/09)

Petition for Initiation of Rulemaking

Docket No. 0117-08-01

Idaho Rural Council, Inc.,
Petitioner

Petition for initiation of rulemaking for an amendment of IDAPA 58.01.17, Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater, that would eliminate the present exemption for dairy/feedlot lagoon wastewater that is land applied through pressurized irrigation systems or other devices Order Regarding Petition for Initiation of Rulemaking
(Board denying petition) (11/21/08)

Petition for Initiation of Rulemaking

Docket No. 0101-11-03

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

Petition for initiation of rulemaking for adoption of a rule to strictly limit and regulate fossil fuel carbon dioxide emissions and to establish an effective emissions reduction strategy that will achieve an atmospheric concentration no greater than 350 ppm of carbon dioxide by 2100 Order Denying Petition for Initiation of Rulemaking (issued by Board)
(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 § 39-116B

Recommended Order Granting Summary Judgment for Respondent, Idaho Department of Environmental Quality (issued by hearing officer)

Final Order on Review of Recommended Order (Board 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 § 39-116B

Recommended Order Granting Summary Judgment for Respondent, Idaho Department of Environmental Quality (issued by hearing officer)

Final Order on Review of Recommended Order (Board 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 (hearing officer 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 PermitsDocket 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 (hearing officer’s 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)
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