HF Sinclair Corp. v. Oregon Department of Environmental Quality

An Oregon Circuit Court denied a fuel supplier’s request for a preliminary injunction in a case challenging the Oregon Department of Environmental Quality’s (DEC’s) allocation of emissions credits under the State’s Climate Protection Program. The dispute concerns whether credits associated with fuels from a Washington refinery should be distributed to Shell or to the fuel supplier, to whom Shell sold the refinery in 2021. The Portland Business Journal reported that the court found that it was “rational for DEQ to look at historical data and not peek behind the curtain” and that the fuel supplier would not suffer irreparable harm because it could be made whole by money damages.