In a pithy decision issued on January 26, 2022, in PNW
Metal Recycling, Inc. v. Oregon Department of Environmental
Quality, the Oregon Court of Appeals determined that the
Department of Environmental Quality (DEQ) improperly bypassed
agency rulemaking requirements when it announced and enforced a
change in policy regarding solid waste permitting requirements for
scrap metal recyclers that accept vehicles and non-vehicles at
their facilities. The court's decision highlights the limits and
potential power of informal administrative agency actions in
Oregon. No. A171317, 317 Or. App. 207, --- P.3d ---, 2022
WL 220969 (Or. Ct. App. 2022).
Until 2018, DEQ did not require facilities with automobile
dismantling operations to obtain a solid waste permit pursuant to
DEQ's interpretation of a permitting exemption under a state
statute. DEQ applied the exemption even when the facilities
“accepted non-vehicular materials in addition to
cars.”
