Cascade Kelly Holdings, LLC v. Oregon Department of Energy

In these consolidated cases, petitioner Cascade Kelly Holdings filed an action in the Circuit Court of Marion County under ORS 183.490 of the Administrative Procedures Act (APA) and an alternate claim for declaratory relief under ORS 28.010, seeking to compel the Oregon Department of Energy to certify that petitioner is entitled to claim or to sell business energy tax credits pursuant to former ORS 469.215 (2009), for petitioner’s ethanol production and transfer facilities.1 On cross-motions for summary judgment, the circuit court rejected the department’s contention that the court lacked…