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CASCADIA WILDLANDS v. DEPARTMENT OF FISH

A161077.

455 P.3d 950 (2019)

300 Or. App. 648

CASCADIA WILDLANDS, an Oregon non-profit corporation; Center For Biological Diversity, a California non-profit corporation; and Oregon Wild, an Oregon non-profit corporation, Petitioners, v. DEPARTMENT OF FISH AND WILDLIFE, an agency of the State of Oregon; and Fish and Wildlife Commission, an agency of the State of Oregon, Respondents, and Oregon Cattlemen's Association, and Oregon Farm Bureau Federation, Intervenor-Respondents, and Wallowa County, a political subdivision of the State of Oregon, Intervenor-Respondent.

Court of Appeals of Oregon.

November 27, 2019.

Attorney(s) appearing for the Case

Daniel R. Kruse , Eugene, argued the cause for petitioners. Also on the briefs was Nicholas Cady .

Carson L. Whitehead argued the cause for respondents. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Caleb R. Trotter argued the cause for Intervenor-Respondents Oregon Cattlemen's Association and Oregon Farm Bureau Federation. Also on the brief were Damien M. Schiff , Pacific Legal Foundation; Caroline Lobdell , Scott W. Horngren , and Western Resources Legal Center.

Dominic M. Carollo argued the cause for Intervenor-Respondent Wallowa County. Also on the brief were Christopher T. Griffith and Yockim Carollo LLP.

Julie A. Weis and Haglund Kelley LLP filed the brief amicus curiae for Rocky Mountain Elk Foundation.

Before Armstrong, Presiding Judge, and Shorr, Judge, and James, Judge.

Respondent Oregon Fish and Wildlife Commission (the commission) removed the species Canis lupus, commonly known as the gray wolf, from the list of species protected under the Oregon Endangered Species Act (OESA). As allowed by ORS 183.400(1),1 petitioners

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