Oregon Court of Appeals invalidates state climate program
By Joe Hathaway on Friday, December 22nd, 2023 in More Top Stories Northeastern Oregon News
SALEM — The Oregon Court of Appeals decided to invalidate a state program designed to limit and reduce greenhouse gas emissions from fossil fuel companies.
The Oregon Department of Environmental Quality’s Climate Protection Program failed to comply, “or even substantially comply,” with disclosure requirements when adopting rules under the federal Clean Air Act, the Oregon Court of Appeals said.
“We conclude that the Climate Protection Program rules are invalid,” the decision reads.
The program mandates ever-increasing cuts in emissions from the state’s natural gas utilities, suppliers of gasoline, diesel, kerosene and propane and large industrial plants. with a target of 90% reduction by 2050. The program also allows for fossil fuel suppliers to reduce emissions through the program’s Community Climate Investment credit program. The program began in 2022.
Three Oregon gas utilities, including Cascade Natural Gas and Avista, both of which serve Eastern Oregon, sued the program in 2022, along with an oil-industry group and a dozen other local trade organizations. The groups argued the DEQ exceeded its authority by creating the rules. The companies sought to block the program entirely.
Oregon law allows a direct petition to the Court of Appeals to determine the validity of a rule or program approved by the state
According to DEQ, the decision is limited to an administrative error and is not effective immediately. The agency said in a statement that its leaders are “talking through next steps” with state lawyers.
“DEQ is confident the Environmental Quality Commission has authority to adopt and enforce the Climate Protection Program, and this does not deter us in ensuring this program is fully implemented,” the statement said.
Click here to read the court’s decision.
