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DOUGLAS COUNTY v. OREGON FISH & WILDLIFE

N011096.

525 P.3d 504 (2023)

323 Or. App. 720

DOUGLAS COUNTY, a political subdivision of the State of Oregon; Umpqua Fishery Enhancement Derby, Inc., an Oregon nonprofit corporation; and Scott Worsley, Petitioners, v. OREGON FISH AND WILDLIFE COMMISSION and Oregon Department of Fish and Wildlife, an agency of the State of Oregon, Respondents.

Court of Appeals of Oregon.

January 25, 2023.

Attorney(s) appearing for the Case

Dominic M. Carollo argued the cause for petitioners. Also on the memorandum was Nolan G. Smith and Carollo Law Group.

Alex Jones , Assistant Attorney General, argued the cause for respondents. Also on the memorandum were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Anthony Broadman and Galanda Broadman, PLLC, and Richard Eichstaedt and Eichstaedt Law Office, PLLC, file the brief amicus curiae for Cow Creek Band of Umpqua Tribe of Indians and Confederated Tribes of the Coos, Lower Umpqua, and Suislaw Indians.

Craig J. Dorsay , Lea Ann Easton , Kathleen M. Gargan and Dorsay & Easton LLP, and Brett Kenney filed the brief amicus curiae for Confederated Tribes of Siletz Indians of Oregon and the Coquille Indian Tribe.

Before Egan, Presiding Judge, and Lagesen, Chief Judge, and Kamins, Judge.

This is a case in which petitioners seek to challenge under Oregon's Administrative Procedures Act (APA) a decision by the Oregon Fish and Wildlife Commission (commission). The commission decided to end a summer steelhead hatchery program at the Rock Creek Hatchery, which is located within the commission's North Umpqua fish management...

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