County of Morrow v. Department of Fish & Wildlife

By administrative rule, the Oregon Fish and Wildlife Commission (commission) listed the Washington ground squirrel as an endangered species and adopted survival guidelines for the species. OAR 635-100-0125; OAR 635-100-0136. The County of Morrow and the Port of Morrow (petitioners) seek judicial review, arguing that the commission failed adequately to “consult with” them and failed to conduct adequate surveys before adopting the rules. We determine the validity of the rules as a matter of law, ORS 183.400(4), and conclude that the rules are valid.

A brief examination of the statutory context…