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The Climate Litigation Database

Northwest Natural Gas v. Environmental Quality Commission

About this case

Filing year
2022
Status
Climate Protection Program rules invalidated.
Docket number
A178216, A178217, A178218
Court/admin entity
United StatesState CourtsOregon Court of Appeals (Or. Ct. App.)
Case category
State Law Claims (US)Industry Lawsuits (US)
Principal law
United StatesOregon Air Quality StatuteUnited StatesOregon Climate Protection ProgramUnited StatesOregon Environmental Quality Generally StatuteUnited StatesState Law—Miscellaneous Statutes
At issue
Challenge to Oregon's Climate Protection Program rules, which address greenhouse gas emissions from transportation fuels and natural gas.
Topics
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Documents

Filing Date
Document
Type
Topics 
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Search results
12/20/2023
Climate Protection Program rules invalidated.
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.
Decision
09/02/2022
Motion for permissive intervention filed by Beyond Toxics et al.
Motion To Intervene
06/13/2022
Motion to intervene as intervenor-petitioner filed by National Federation of Independent Business.
Motion To Intervene
03/18/2022
Petitions for review filed.
Twelve businesses and trade groups filed a lawsuit in the Oregon Court of Appeals challenging the Climate Protection Program rules approved by the Oregon Environmental Quality Commission in December 2021 to reduce greenhouse gas emissions from transportation fuels and natural gas. The Albany Democrat-Herald reported that the petition alleges that the rules “will have a profound and unprecedented impact on everyday life in Oregon” because business and consumer use of the fuels is central to Oregon’s economy, and that a representative of the Oregon Farm Bureau, one of the plaintiffs, contended that the Department of Environmental Quality exceeded its statutory authority when it enacted the rules. Three utilities also filed a lawsuit challenging the rules, as did the Western States Petroleum Association.
Petition

Summary

Challenge to Oregon's Climate Protection Program rules, which address greenhouse gas emissions from transportation fuels and natural gas.

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Group
Topics
Target
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance