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Oregon Revised Statutes

Or. Rev. Stat. § 468.110 (2026)

Appeal; power of court to stay enforcement

✓ current as of May 2026
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      468.110 Appeal; power of court to stay enforcement. Any person adversely affected or aggrieved by any order of the Environmental Quality Commission may appeal from such order in accordance with the provisions of ORS chapter 183. However, notwithstanding ORS 183.482 (3), relating to a stay of enforcement of an agency order and the giving of bond or other undertaking related thereto, any reviewing court before it may stay an order of the commission shall give due consideration to the public interest in the continued enforcement of the commission’s order, and may take testimony thereon. [Formerly 449.090; 2007 c.71 §148]

Notes of Decisions
Cited in 6 cases, 1974–2005 · leading case: Tidewater Barge Lines, Inc. v. Oregon Env't Quality Comm'n, 974 P.2d 807 (Or. Ct. App. 1999).
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Tidewater Barge Lines, Inc. v. Oregon Env't Quality Comm'n, 974 P.2d 807 (Or. Ct. App. 1999). · cites it 6× “ORS 468.110 provides that any person aggrieved by an order of EQC “may appeal from such order in accordance with the provisions of ORS 183.”
Local No. 290, Plumbers & Pipefitters v. Oregon Dep't of Env't Quality, 901 P.2d 921 (Or. Ct. App. 1995). “See also ORS 468.110 (making Administrative Procedures Act (APA) review provisions applicable to proceedings of this kind).”
Mazama Timber Prods., Inc. v. Lane Reg'l Air Pollution Auth., 521 P.2d 1315 (Or. Ct. App. 1974). “ORS 468.110. That being so, no violence is done to the principle of separation of powers.”
Linnton Plywood Ass'n v. Dep't of Env't Quality, 681 P.2d 1180 (Or. Ct. App. 1984). · cites it 3× “ng the information furnished by the applicant as to the cost of the facility, or if the applicant is dissatisfied with the certification of actual cost or portion of the actual cost properly allocable to prevention, control or reduction of air, water or noise pollution or solid…”
Wilcox v. Bd. of Parole & Post-Prison Supervision, 107 P.3d 637 (Or. Ct. App. 2005). “067(1) (allowing organizations whose members are “adversely affected or aggrieved” by certain actions of the Department of Environmental Quality or the Environmental Quality Commission to seek judicial review of those actions in certain circumstances); ORS 468.110 (allowing…”
Knee Deep Cattle Co. v. Bindana Investments Co., 904 F. Supp. 1177 (D. Or. 1995). “Any person who has an interest in the outcome of the contested case proceeding, or whom DEQ determines is representing the public interest may participate in the hearing. ORS 183.310(6) (definition of a “party” in a contested case proceeding).”
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