Oregon Supreme Court holds that legislature's conferral of statutory standing is sufficient to satisfy any constitutional standing requirement

In Kellas v. Department of Corrections (Durham, J.) the Oregon Supreme Court reversed the Court of Appeals, concluding that legislature's conferral of statutory standing in ORS 183.400, which authorizes "any person" to bring a proceeding in the Court of Appeals to challenge the validity of an agency rule, satisfies any standing requirement contained in the Oregon Constitution.  The Supreme Court rejected the Court of Appeals' conclusion that the constitution requires a person bringing a rule challenge to demonstrate that the resolution of the challenge would have a practical effect on that person.  It construed ORS 183.400 as a provision that, in effect, authorized individuals to act as "private attorney generals" to vindicate the public interest in having the government act lawfully, and concluded that nothing in the Oregon Constitution prohibited the legislature from deputizing such "private attorney generals."

The court does not appear to have rejected the idea that the Oregon Constitution does impose some standing requirements, leaving open the question of what sort of showing of standing a person must make to pursue a suit if the legislature has not conferred statutory standing.

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