Oregon Environmental Council v. Oregon State Board of Education

*32GILLETTE, J.

The Oregon Environmental Council and the Portland Audubon Society seek to overturn a decision of the State Board of Education (Board) approving a textbook, Get Oregonized, for use in Oregon’s public elementary schools. The issue is whether the Board’s decision is a rule or an order and, if an order, whether in a contested case or otherwise. The answer implicates, among other things, the scope of judicial review, the procedures by which the decision was made, the criteria by which the decision must be measured and whether petitioners can seek review in the appellate courts at this…