HF Sinclair Corp. v. Oregon Department of Environmental Quality

An oil refiner filed a lawsuit against the Oregon Department of Environmental Quality challenging the allocation of credits under Oregon’s Climate Protection Program. The Portland Business Journal <a href="https://www.bizjournals.com/portland/news/2023/06/05/hf-sinclair-judicial-review-oregon-deq.html">reported</a> that the lawsuit challenged free “compliance instruments” given to Shell and that the complaint asserted equal protection, due process, and Commerce Clause claims, as well as other constitutional violations. The refiner acquired a Washington refinery from Shell in late 2021, but the distribution of credits was based on imports from a three-year period ending before the acquisition. Shell therefore received the credits. A court denied the oil refiner’s request for a preliminary injunction in an <a href="https://climatecasechart.com/case/hf-sinclair-corp-v-oregon-department-of-environmental-quality/">earlier suit</a> challenging the allocation of the credits.