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Eastern Oregon Mining Ass'n v. Department of Environmental Quality
The Oregon Supreme Court upheld the Department of Environmental Quality's issuance of a permit for the discharge of certain pollutants resulting from suction dredge mining. A mining association argued that because suction dredge mining did not add anything to navigable waters that was not already th...
Entrepreneurial Administration [Abstract]
This Article explains that the conventional view of agency behavior—following the specific direction of the U.S. Congress or the president and using notice-and-comment rulemaking or adjudication processes—does not capture how public agencies and private entities develop innovative regulatory strategies and earn regulatory authority as a result. In particular, this Article explains how governmental agencies like the U.S.