Precedential Orders of the Board
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, Pines Inc., Petitioner |
Swimming Pool Variance | Report of Hearing Officer
Affirmed by Order of the Board (8/31/91) |
| 2 |
Rickards v. IDHW, Peter Rickards, Petitioner |
Air Quality Permit |
Findings of Fact, Conclusions of Law and Decision Affirmed by Order of the Board (10/24/91) |
| 3 |
Rickards v. IDHW, Peter Rickards, Petitioner |
Air Quality Permit |
Affirmed by Order of the Board (6/17/93) |
| 4 |
Sievers/Lawson Farms v. IDHW, Joe Sievers and Lawson Farms, Petitioners |
Agricultural Water Quality (soil conservation district contracts) |
Affirmed by Order of the Board (11/6/92) |
| 5 |
Hardy v. IDHW, Earl Hardy, Petitioner |
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, Spokane River Association, Petitioner |
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, 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, Idaho Rivers United, Petitioner |
Ore Processing by Cyanidation Permit (Stibnite Mine, Inc.) |
|
| 9 |
Idaho Rivers United v. IDHW, 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) |
| 10 |
Ford v. IDHW, 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, Tim and Sherri Gerlitz, Petitioners |
Reimposition of sanitary restrictions upon lots in Harbor View Estates Subdivision, Kootenai County, Idaho |
|
| 12 |
Rebound v. IDHW, Rebound; The International Brotherhood of Electrical Workers, Local 73; The United Association of Plumbers and Steamfitters, Local 44, Petitioners |
Air Quality Permit issued to Rathdrum Power to construct an electric generating project in Kootenai County, Idaho |
|
| 13 |
In re: Permit Applicant Garnet Energy LLC, Penny Steadham and Victor Hill and David and Deloris Cram, Intervenors |
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 |
| 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 |
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 |
| 15 |
J.R. Simplot Co. v. DEQ, 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 Intervention Donald Chisholm’s letter of dissent |
| 16 |
Solomon v. DEQ, 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 |
| 17 |
In the matter of Section 401 Water Quality Certification for Relicensing of the C.J. Strike Hydroelectric Facility, 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 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 |
| 19 |
Hecla Mining Company v. DEQ 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 |
| 20 |
Hecla Mining Company v. DEQ 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 |
| 21 |
Young's Septic Service v. DEQ 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 |
| 22 |
In the Matter of Simmons Sanitation Ken Jones, 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 |
Order Granting Intervention (preliminary order issued by hearing officer) Order on Intervention |
| 23 |
In the Matter of Simmons Sanitation 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 Pristine Springs, Inc. 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. |
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 |
| 25 |
In the Matter of Section 401 Water Quality Certification of Sand Creek Byway Project 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 |
| 26 |
In the Matter of Section 401 Water Quality Certification, Wetland Fill and Boat Docks Along Lake Cascade Neighbors for a Healthy Gold Fork Wildwood Development, LLC |
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 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. |
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 |
Petition for initiation of rulemaking | Order Denying Petition for Initiation of Rulemaking (order issued on June 29, 2011) |
| 30 |
Canyon County v. DEQ Canyon County |
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 W. Allen Freeman |
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 W. Allen Freeman |
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 Idaho Conservation League |
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) |