CFRD v. DSL

In 2008 I took on representation of a local citizens group, Citizens For Responsible Development in The Dalles, Oregon, to help fight off a WalMart Superstore.  We challenged the land use permits, and the state and federal wetland fill permits.  Although the permits were ultimately all issued, so far WalMart has not started construction and it is not clear if they ever will.  We got a really nice decision from the Oregon Court of Appeals, reversing the issuance of the state wetland permit.  A copy is available below:

Subsequently the State appealed to the Oregon Supreme Court.  I also got a nice opinion from the Supreme Court, affirming the Court of Appeals on the key principal - that the State needs to find that the benefits outweigh the harm/loss from the fill.  A copy of that decision is available at the link below:

WalMart orignally indicated it has no plans to go back to try to obtain another Permit.  That means that the rare vernal pool wetland, the fairy shrimp they contain, and the key nearby wetlands that drain to Salmon bearing Chenoweth Creek should never suffer the blight of a Wal-Mart Superstore with attendant massive parking lots in infra-structure.

However, at WalMart's request in 2021 DSL subsequently held another Hearing to take new evidence, in front of Administrative Law Judge (ALJ). We produced extensive evidence that WalMart would create more harm than good with its proposed store. Despite that in November of 2022 the ALJ ruled that it was appropriate to issue another wetland fill Permit to WalMart, because they allegedly demonstrated that the harm from their proposed fill would be outweighed by (in our view mythical) benefits to the community.  

We appealed that decision to the Director of DSL. In 2023 the Director affirmed the ALJ. We have again appealed to the Court of Appeals, and oral arguments before the Court took place on March 3, 2025. We hope for a similar outcome to the last appeal. In the meantime, with the new Permit on appeal, the rare vernal pool wetland, the fairy shrimp they contain, and the key nearby wetlands that drain to Salmon bearing Chenoweth Creek are for now still safe from destruction at the hands of WalMart.