William F. Holdner v. Katy Coba, et al.
Environmental DueProcess HabeasCorpus Patent
Whether a person engaged in an agricultural operation can be charged and convicted for failure to possess a stormwater permit
QUESTIONS PRESENTED . 1. Whether a person engaged in an agricultural : : operation can be charged and convicted for failure to ; possess a stormwater permit under Oregon State Statute ORS 468B-025 for “Likely” to Pollute the public waters. . 2. Whether a stormwater permit is required where the operator has constructed an animal waste control system to protect the public waters from a 24 . hour 25 year rainfall event under Federal Environ-' . mental Protection Agency (EPA) Regulations. : 3. Whether a permit for stormwater discharges . can be enforced by any government agency on property that has a patent granted by congress as a condition of the establishment of an agricultural farm operation in 1862 that provided the owner with absolute title in, cluding the water, creeks and water use rights. , 4. Whether the application of Habeas Corpus is appropriate, after all state and federal court relief is ; exhausted, to protect petitioner’s due process and fed| , erally protected rights.