A lawsuit alleging insufficient regulation of dairy pollution in Tillamook Bay cannot proceed for procedural and jurisdictional reasons, according to a state judge.
However, the oyster company that filed the complaint against the state Department of Environmental Quality plans to appeal that decision.
Two years ago, the Hayes Oyster Co. accused the department of enacting total maximum daily load standards for fecal coliform bacteria that were too lenient, effectively allowing dairy pollution to shut down or restrict oyster harvest on 600 acres of plats in the bay.
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