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NOBLE v. DEPARTMENT OF FISH AND WILDLIFE

(ODFW 700142; CA A140936; SC S060518).

326 P.3d 589 (2014)

355 Or. 435

Charles NOBLE and Deborah Noble, Petitioners on Review, v. DEPARTMENT OF FISH AND WILDLIFE, Respondent on Review, and Robert Lytle and Galena Stoyan, Respondents below.

Supreme Court of Oregon, En Banc.

Decided May 15, 2014.

Attorney(s) appearing for the Case

Thomas M. Christ , Portland, argued the cause and filed the brief for petitioners on review. With him on the brief was Brian Posewitz , Portland.

Denise G. Fjordbeck , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Christopher G. Winter , Crag Law Center, Portland, and Peter M.K. Frost , Western Environmental Law Center, Eugene, filed the brief for amici curiae WaterWatch, Native Fish Society, Oregon Wild, Association of Northwest Steelheaders, and Northwest Environmental Defense Center.

BALDWIN, J.

In a judicial review of an order of the Oregon Department of Fish and Wildlife (ODFW), the Court of Appeals rejected petitioners' contention that ODFW's approval of "channel-spanning fishways" associated with two small, privately maintained dams downstream from their property violated state law, including ODFW's own rules, pertaining to fish passage for native migratory fish. Petitioners had argued that the approvals...

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