No. 19-113

William F. Holdner v. Katy Coba, et al.

Lower Court: Ninth Circuit
Docketed: 2019-07-23
Status: Denied
Type: Paid
Response Waived
Tags: agricultural-operation agriculture-operation-permit civil-rights due-process environmental-law environmental-regulation federal-environmental-regulations habeas-corpus patent patent-rights property-rights stormwater-permit water-pollution water-rights
Key Terms:
Environmental DueProcess HabeasCorpus Patent
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a person engaged in an agricultural operation can be charged and convicted for failure to possess a stormwater permit

Question Presented (OCR Extract)

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.

Docket Entries

2019-10-07
Petition DENIED.
2019-07-31
DISTRIBUTED for Conference of 10/1/2019.
2019-07-26
Waiver of right of respondents Katy Coba, et al. to respond filed.
2019-07-16
Petition for a writ of certiorari filed. (Response due August 22, 2019)

Attorneys

Katy Coba, et al.
Benjamin Noah GutmanOregon Department of Justice, Respondent
William F. Holdner
William F. Holdner — Petitioner