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HAWES v. DEQ

00-198; A120374.

125 P.3d 778 (2005)

203 Or. App. 255

Daryl HAWES and Barbara Hawes, doing business under the name and style of Ft. Reading Ranch, Baker County Farm Bureau, a nonprofit corporation incorporated in the State of Oregon, and Baker County Livestock Association, a nonprofit corporation incorporated in the State of Oregon, Respondents, v. STATE of Oregon, acting by and through the Department of Environmental Quality, the Department of Agriculture, and the Environmental Quality Commission, Appellant and Institute for Fisheries Resources, a nonprofit public benefit group; Pacific Coast Federation of Fishermen's Associations, a nonprofit trade association; and Oregon Trout, a nonprofit organization, Intervenors below and Northwest Environmental Defense Center and Northwest Environmental Advocates, Intervenors-Appellants.

Court of Appeals of Oregon.

Decided December 14, 2005.

Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for appellant State of Oregon. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

James S. Coon, Portland, argued the cause for intervenors-appellants. With him on the briefs was Swanson, Thomas & Coon.

Gregory T. Broderick argued the cause for respondents. With him on the brief were Russell Brooks and Pacific Legal Foundation, and John M. Groen and Groen Stephens & Klinge, LLP.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and LINDER, Judge.

LINDER, J.

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 reverse and remand with instructions...

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