Saturday, May 4, 2013

County of Morrow v. Department of Fish and Wildlife case brief

County of Morrow v. Department of Fish and Wildlife case brief 37 P.3d 180

CASE SYNOPSIS: The respondent Oregon Department of Fish and Wildlife (commission) listed the Washington ground squirrel as an endangered species and adopted survival guidelines. The petitioners county and port (county) appealed that listing.

FACTS: The county argued, inter alia, that even if the commission was not required to consult with the port, it was required to consult with the county, and the notice provided to the county was not sufficient to constitute the consultation that the law required. The court of appeals disagreed. The county received notice of the proposed rulemaking. It also received copies of the draft biological status assessment and an invitation to provide comments on it either before or at the scheduled public hearing. The county asked for additional time to respond, but the commission denied that request, and the county did not assign error to that decision. The county then declined to provide any advice or comment on the proposed listing of the Washington ground squirrel other than to assert that it would interfere with the planned construction of a road from Boardman to Ione. The commission's provision of information to the county and its invitation to provide comment was all that the Or. Admin. R. 635-100-0105 required in providing that the commission consult with the county.

CONCLUSION: The judgment was affirmed.

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