PNW Metal Recycling, Inc. v. DEQ

Summary

The Oregon Supreme Court held that the Department of Environmental Quality’s internal decision to reinterpret the auto‑dismantler exemption does not constitute a “rule” subject to review under ORS 183.400, vacated the Court of Appeals decision and dismissed the petition for judicial review. The Court emphasized that whether an agency must use rulemaking depends on the enabling statutes, not merely the APA definition of “rule.”