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WESTERN STATES PET. v. ENVIRONMENTAL QTY.

A158944 (Control), A161442.

439 P.3d 459 (2019)

296 Or. App. 298

WESTERN STATES PETROLEUM ASSOCIATION, Petitioner, and Oregon Farm Bureau Federation, Intervenor-Petitioner, v. ENVIRONMENTAL QUALITY COMMISSION, Respondent, and Oregon Environmental Council and Climate Solutions, Intervenors-Respondents. Western States Petroleum Association and Oregon Farm Bureau Federation, Petitioners, and Oregon Trucking Associations, Inc., Intervenor-Petitioner, v. Environmental Quality Commission, Respondent, and Oregon Environmental Council and Climate Solutions, Intervenors-Respondents.

Court of Appeals of Oregon.

February 27, 2019.

Attorney(s) appearing for the Case

Per A. Ramfjord , Portland, argued the cause for petitioners and intervenors-petitioners. Also on the joint briefs were Thomas R. Wood , Rachel C. Lee , and Stoel Rives LLP; Timothy J. Bernasek and Dunn Carney Allen Higgins & Tongue LLP; and Gregory A. Chaimov and Davis Wright Tremaine LLP.

Denise G. Fjordbeck , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Karl G. Anuta and Law Office of Karl G. Anuta, P.C.; and Amanda W. Goodin , Patti A. Goldman , and Earthjustice, Washington, filed the brief for intervenors-respondents.

Before Armstrong, Presiding Judge, and DeHoog, Judge, and Shorr, Judge.

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).1 See ORS 183.400(1) (providing jurisdiction in the Court of Appeals over petitions challenging the validity...

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