PNW Metal Recycling, Inc. v. DEQ

Summary

The court held that DEQ's internal decision to reinterpret the auto-dismantler exception was not itself a rule subject to facial judicial review under ORS 183.400. Whether DEQ was required to use rulemaking depended on the legislature's intent as reflected in DEQ's substantive enabling statutes, not merely on the APA definition of rule. The court therefore vacated the Court of Appeals decision and dismissed the judicial review.