BP West Coast Products, LLP v. Oregon Department of Justice

INTRODUCTION

The issue in this case is whether the rule amendments adopted by the Attorney General exceeded the Attorney *738General’s rulemaking authority because those amendments went beyond the rulemaking authority delegated by Oregon Laws 1985, chapter 751, to the Attorney General, or because the amended rules conflict with the operation of ORS 646.930 and are preempted for that reason. The majority largely ignores the first issue and decides the rule/statute conflict by determining that the rules are consistent with the “primary purpose” of ORS 646.930 as evidenced primarily by its…