Northwest Natural Gas v. Environmental Quality Commission

The Oregon Court of Appeals invalidated the Oregon Environmental Quality Commission’s (EQC’s) rules establishing the Climate Protection Program, which created a “cap and reduce” program for distribution of fossil fuels and required certain stationary sources to limit industrial process emissions. The court found that EQC did not comply—or even substantially comply—with “heightened” disclosure requirements for notices of proposed rulemakings that apply to sources subject to Title V operating permits under the federal Clean Air Act. The court found that EQC failed to provide in the notice of proposed rulemaking the required written explanation of any alternatives considered and the reasons those alternatives were not pursued.