|CALENDAR STATUS: Active|
|Charles Noble v. Department of Fish and Wildlife|
|Oregon State University|
|Brian J. Posewitz and Thomas M. Christ on behalf of Charles Noble and Deborah Noble|
Denise G. Fjordbeck on behalf of Department of Fish and Wildlife
Statement of Issues:
|Charles Noble v. Department of Fish and Wildlife (S060518) (A140936) (on judicial review from an order of the Oregon Department of Fish and Wildlife; opinion reported at 250 Or App 252, 279 P3d 345 (2012).|
Petitioners Charles and Deborah Noble have been granted review of a Court of Appeals decision that affirmed a final order of the Oregon Department of Fish and Wildlife that construed the fish passage requirements in OAR 635-412-0035 to require fish passage over certain dams only when there is water in their channel-spanning fishways.
On review, the issue is:
For purposes of ORS 509.585 (requiring fish passage in all waters of the state in which native migratory fish are currently or have historically been present) and the Oregon Department of Fish and Wildlife rules that implement that statute, is fish passage required whenever water is flowing past a dam, or just when water is flowing over it?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: