2017 ORS 468B.142¹
Order compelling compliance with rules
  • injunction
  • security not required
  • attorney fees

(1) The Department of Environmental Quality may apply to any circuit court for an order compelling compliance with any rule adopted by the Environmental Quality Commission under ORS 468B.141 (Rules). If the court finds that the defendant is not complying with any rule so adopted, the court shall grant an injunction requiring compliance. The court, on motion and affidavits, may grant a preliminary injunction ex parte upon such terms as are just.

(2) The department need not give security before the issuance of an injunction under this section.

(3) The court may award reasonable attorney fees and costs to the department if the department prevails in an action under this section. [2007 c.696 §6]

(formerly 468.700 to 468.778)

Atty. Gen. Opinions

State’s authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285

1 Legislative Counsel Committee, CHAPTER 468B—Water Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors468B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 468B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano468B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.