The Idaho Administrative Procedure Act (Idaho Code §67-5201 et seq.), “Contested Case Rules and Rules for Protection and Disclosure of Records” (IDAPA 58.01.23), and “Rules Regulating the IPDES Program” (IDAPA 58.01.25.204) govern the process for filing a petition for review of a final agency action.
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Hearing Coordinator
Paula Wilson
Idaho Department of Environmental Quality
1410 N. Hilton St.
Boise, ID 83706
Phone: (208) 373-0418
paula.wilson@deq.idaho.gov
Information for Filing Petition to Initiate a Contested Case
(For Petitions filed pursuant to IDAPA 58.01.23)
File a Petition to Initiate a Contested Case with the Hearing Coordinator by email, U.S. mail, or hand-delivery. Upon receipt of a Petition, the Hearing Coordinator will:
- Provide confirmation of filing date to the originating party.
- Serve the petition upon the Department. In any proceeding involving a permit, the Hearing Coordinator will also serve the Petition upon the permit applicant or permit holder.
- Transmit case to the Office of Administrative Hearings.
Board-Approved Hearing Officers
Process for Appointment of Hearing Officers
- Michael J. Kane, Boise
- John C. Lynn, Boise
- David W. Lloyd, Boise
- Edwin L. Litteneker, Boise
- David V. Nielsen, Boise
- Mark Petersen, Pocatello
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 Petition | Date Filed | Parties to Case |
|---|---|---|
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
North Wind Construction Services, LLC v. Idaho Department of Environmental Quality Notice of Transmittal of Contested Case to Office of Administrative Hearings Petition for Review: Nonresponsive Determination and Disqualification of North Wind Construction Services, LLC | Petition for Review filed 06/07/24 | North Wind Construction Services, LLC, Petitioner |
The L&R Group, LLC v. Idaho Department of Environmental Quality Settled Agency Record and Transcripts Agency Record and Transcripts Petition for Judicial Review/Notice of Appeal and Petition for Declaratory Judgment Agency No. 0106-23-01 Order Re: Respondent’s Renewed Motion to Dismiss (preliminary order) Petition to Initiate Contested Case | Petition to Initiate Contested Case filed 01/09/23 | The L & R Group, LLC, Petitioner |
In the Matter of Air Quality Permit to Construct P-2019.007 Corrected Agency Record and Transcripts Amended Memorandum Decision on Motions for Summary Judgment and Preliminary Order Petition for Review of Preliminary Order Memorandum Decision on Motions for Summary Judgment and Preliminary Order Petition to Initiate Contested Case | Petition to Initiate Contested Case Filed 07/22/22 | Nez Perce Tribe, Idaho Conservation League, Save the South Fork Salmon, Petitioners Perpetua Resources Idaho, Inc., Intervenor |
Petitions for Review of IPDES Permit Decisions Pursuant to IDAPA 58.01.25
| Case Docket No./Subject of Petition | Date Filed | Parties to Case |
|---|---|---|
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
Hayden Area Regional Sewer Board v. Idaho Department of Environmental Quality Notice of Transmittal of Contested Case to Office of Administrative Hearings Petition for Review | Petition for Review filed 05/24/24 | Hayden Area Regional Sewer Board, Petitioner |
| Case Name | Subject | Type of Order |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| NA | NA | NA |
| Petition to Initiate Contested Case Docket No. 0106-23-01 L & R Group, LLC, Petitioner | Petition for review of the conditional approval of L & R’s June 7, 2022 Non-Municipal Solid Waste Modification Application, Operating Plan, and Closure Plan. | Order Re: Respondent’s Renewed Motion to Dismiss (preliminary order granting DEQ’s renewed motion to dismiss) (08/11/23) Issue: What is an “agency action” or “inaction” with respect to timeliness of filing a petition for contested case? |
| Petition for Review Docket No. 0125-22-02 City of Boise, Petitioner | Petition for Review of DEQ ‘s decision to issue a Notice of Noncompliance with the City’s IPDES Permit. | Decision and Order Re Motion to Dismiss (preliminary order issued by the hearing officer granting DEQ’s motion to dismiss)(08/12/22) |
| 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 Variance | Order 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 permit | Order 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 soil | Findings 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, Idaho | Order 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, Idaho | Order 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 County | Idaho 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 Plant | Amended 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) |
| 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 Mill | Order 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 landfill | Findings 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 Project | Preliminary 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 Certification | Final 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 permit | Final 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 § 39-116B | Preliminary 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. 0102-12-03Idaho 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 7/5/12 | Preliminary 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) |