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PNW METAL v. OR. DEP'T OF ENVTL. QUALITY

A171317.

505 P.3d 462 (2022)

317 Or. App. 207

PNW METAL RECYCLING, INC., dba Rivergate Scrap Metals, dba RS Davis Recycling, dba PNW Auto Parts, dba Orient Auto Parts and Recycling, an Oregon corporation; Schnitzer Steel Industries, Inc., an Oregon corporation; and Pacific Recycling, Inc., an Oregon corporation, Petitioners, v. OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY, an agency of the State of Oregon, Respondent.

Court of Appeals of Oregon.

January 26, 2022.

Attorney(s) appearing for the Case

Jon W. Monson argued the cause for petitioners. Also on the joint opening brief were Nicole M. Swift and Cable Huston LLP; and Crystal S. Chase, Kirk B. Maag, and Stoel Rives LLP. Also on the joint reply brief was Nicole A.W. Abercrombie.

Carson L. Whitehead, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Danielle F. Waterfield; and Jennifer Gates and Pearl Legal Group, PC, filed the brief amicus curiae for Institute of Scrap Recycling Industries, Inc.

Before James, Presiding Judge, and Lagesen, Chief Judge, and Kamins, Judge.

In this rule challenge under ORS 183.400(1), petitioners contend that a decision by the Oregon Department of Environmental Quality (DEQ) to reinterpret one of its governing statutes regarding solid waste permitting constitutes a "rule" within the meaning of the Oregon Administrative Procedures Act (APA), ORS 183.310 to 183.690, and is...

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