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
Latest Conference: 2019-10-01
Question Presented (from Petition)

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.

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 Environmental Protection Agency (EPA) Regulations.

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 including the water, creeks and water use rights.

Whether the application of Habeas Corpus is appropriate, after all state and federal court relief is exhausted, to protect petitioner's due process and federally protected rights.

Question Presented (AI Summary)

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

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