Citizens for Responsible Development in The Dalles v. Walmart — Agency May Reopen Record on Broad Remand; DSL Fill Permit Affirmed
The Oregon Court of Appeals affirmed DSL’s decision to issue a removal/fill permit to Walmart after remand from the Oregon Supreme Court, holding that a general “further proceedings” remand gives an agency broad discretion to reopen the record, and that neither issue preclusion nor the law-of-the-case doctrine barred DSL from revisiting previously inconclusive findings about public benefits.