Hawes v. State

The dispositive issue in this case is whether a “memorandum of agreement” negotiated between the Oregon Department of Environmental Quality (DEQ) and the federal Environmental Protection Agency (EPA) constitutes a “final order” within the meaning of ORS 183.310(6)(b) of the Administrative Procedures Act. We conclude that it does not and that the circuit court therefore lacked jurisdiction over this proceeding. We accordingly vacate and remand with instructions to enter a judgment dismissing the action.

The memorandum of agreement between the DEQ and the EPA was the outgrowth of federal…