Blosser/Romain v. Rosenblum (IP 45)

Under ORS 250.085(5), a petitioner may seek review of a certified ballot title to determine whether it substantially complies with ORS 250.035(2).

Blosser and Romain (Petitioners) sought review of the certified ballot title for Initiative Petition (IP) 45, arguing that the “yes” and “no” result statements, summary, and caption do not comply with the requirements of ORS 250.035(2). IP 45 seeks to amend Senate Bill 324, Or Laws 2015, ch 4, which amended the laws permitting the Oregon Environmental Quality Commission (EQC) to adopt guidelines to reduce overall greenhouse gas emissions and regulate carbon fuel standards. IP 45 proposes to (1) limit the application of the state’s carbon fuel standards to blended liquid fuels; (2) replace the EQC’s permissive authority to reduce greenhouse gas emissions by 10% by 2025 with a directive to implement a 5% carbon intensity reduction for gasoline and diesel; (3) restrict the EQC’s rulemaking authority over blended fuels; and (4) eliminate a cost-containment provision from SB 324. Petitioners argued that both the caption and the “yes” and “no” results statements are misleading, and that the summary does not meet the requirements of ORS 250.035. The Court agreed that the caption and the “yes” result statement did not meet the requirements of ORS 250.035, and referred IP 45 back to the Attorney General for modification on those portions.