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Living Rivers v. U.S. Oil Sands, Inc.

ELR Citation: 44 ELR 20140
Nos. 20121009, (Utah, 06/24/2014)

The Supreme Court of Utah dismissed an environmental group's lawsuit challenging the state's issuance of a discharge permit for a tar sands bitumen-extraction project in the Uintah Basin. The original discharge permit was granted by the Utah Division of Water Quality (DWQ) in 2008. In 2011, the Utah Department of Environmental Quality (DEQ) affirmed the decision. The environmental group then challenged DEQ's 2011 reaffirmance of the 2008 discharge permit. But their petition is untimely. The group's arguments address the legal and factual basis underlying the original discharge permit. Because there was no timely challenge to the 2008 decision, the original permit was final and not subject to further challenge on its merits.