Audubon Society of Portland v. Oregon Department of Fish & Wildlife

Petitioners appeal from an order of the Land Use Board of Appeals (LUBA) remanding an order of the Oregon Fish and Wildlife Commission (Commission)1 that granted intervenors2 a permit to spray a carbaryl pesticide (Sevin)3 on inter-tidal lands of Tillamook Bay which are used by intervenors for oyster cultivation. The permit was issued in an attempt to control mud and ghost shrimp populations, which are inimical to oyster cultivation. LUBA held that the commission failed to comply with Goal 164 in issuing the permit. We affirm.

The crux of LUBA’s order is that “the commission has neither…