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MORROW COUNTY v. DEPT. OF FISH AND WILDLIFE

A109640

37 P.3d 180 (2001)

178 Or. App. 329

COUNTY OF MORROW and Port of Morrow, Petitioners, v. DEPARTMENT OF FISH AND WILDLIFE, Respondent.

Court of Appeals of Oregon.

Decided December 19, 2001.

Attorney(s) appearing for the Case

Karen O'Kasey, Portland, argued the cause for petitioners. With her on the brief were Neal A. Hueske, Bend, Corey J. Parks, Portland, and Schwabe, Williamson & Wyatt, Bend.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

LANDAU, P.J.

By administrative rule, the Oregon Fish and Wildlife Commission (commission) listed the Washington ground squirrel as an endangered species and adopted survival guidelines for the species. OAR 635-100-0125; OAR 635-100-0136. The County of Morrow and the Port of Morrow (petitioners) seek judicial review, arguing that the commission failed adequately to "consult with" them and failed to conduct adequate surveys...

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