Be the first to like this
This is the Closing Arguments and Answering Brief for Lehman Hot Springs, LLC and Lehman Development Corp regarding the Oregon Dept of Environmental Quality "civil" penalty Administrative Hearing. The brief was submitted by Montgomery Cobb as attorney for Respondent's Lehman Hot Springs, LLC and Lehman Development Corporation. Respondent John Patrick Lucas filed his own brief and incorporated the arguments outlined in this response.
While this whole fiasco is far from over (it could go on for several more years, depending on the outcome of this hearing) it is somewhat comforting to have the State of Oregon admit in their brief that "DEQ has never asserted a violation of water
quality standards, or that Respondents actually caused pollution" In fact they did make this assertion many times and this is yet one more statement that is factually incorrect. Maybe it's just human nature that if you can hide behind Sovereign Immunity you lose your moral compass? Absolute power corrupts absolutely. I will be posting a full chronology with supporting exhibits soon.