JUDICIAL:

W. States Petroleum Ass’n v. Envtl. Quality Comm’n, 296 Or. App. 298 (2019): Petitioners challenge the validity of the administrative rules adopted by respondent Environmental Quality Commission (EQC) that address low carbon fuel standards (OAR 340-253-0000 to 340-253-8080). See ORS 183.400(1) (providing jurisdiction in the Court of Appeals over petitions challenging the validity of administrative rules). They raise two arguments. First, they claim that EQC failed to evaluate certain factors that the Oregon legislature required EQC to evaluate when the legislature gave EQC the authority to adopt rules for low carbon fuel standards. Second, they claim that the adopted rules violate Article IX, section 3a, of the Oregon Constitution because the rules constitute a tax on motor vehicle fuel and the resulting tax revenue is not exclusively used for the construction and maintenance of public roads and roadside rest areas. The Court concludes that (1) EQC did evaluate the appropriate criteria when adopting and, in one instance, later readopting and amending the challenged rules and (2) the rules adopted by EQC do not result in a tax on motor vehicle fuel and, as a result, are not subject to Article IX, section 3a. They reject the petitioners’ challenges and hold that the EQC rules are valid.

For the reasons stated above, we conclude that EQC evaluated the factors that the legislature required EQC to evaluate under ORS 468A.266(5) “in adopting” and later readopting and amending the Phase II rules. We also conclude that those rules do not result in a tax on motor vehicle fuel and, therefore, are not subject to Article IX, section 3a, of the Oregon Constitution.
The Court held that all of the challenged rules, OAR 340-253-0000 to 340-253-8080, are valid.

LEGISLATIVE:

S. 483: Pesticide Registration Improvement Extension Act of 2018 Info HERE

S. 644: A bill to direct the Secretary of Agriculture to release certain reversionary interests of the United States in and to a parcel of land located in Henderson, Tennessee. Info HERE

REGULATORY:

Notice and request for comments: National Agricultural Statistics Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to seek reinstatement of the 2019 Organic Survey. Response to this survey will be mandatory. Info HERE

Notice and request for comments: Rural Housing Service, USDA. In accordance with the Paperwork Reduction Act of 1995, the U.S. Department of Agriculture (USDA) Rural Housing Service (RHS) invites comments on this information collection for Single Family Housing Direct Loans and Grants programs, for which the Agency intends to request approval from the Office of Management and Budget (OMB) will be requested. The collection involves the use of Form 410-8 “Application Reference Letter.” The form will be used to obtain information about an applicant’s credit history that might not appear on a credit report and to provide clarification on the promptness of applicant’s payments on debts which enables Rural Housing Service to make better creditworthiness decisions. Info Here

Notice and request for comments: Rural Utilities Service, USDA.; In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), the Rural Utilities Service (RUS) invites comments on this information collection for which approval from the Office of Management and Budget (OMB) will be requested. Info HERE