Oregon Climate Protection Plan Deemed Invalid, Goes back to rulemaking.
|The Oregon Department of Environmental Quality (DEQ) determined that it will NOT APPEAL last month’s Court of Appeals decision which invalidated the Oregon Climate Protection Program (CPP). Instead of an appeal, the DEQ will initiate a 12-month rulemaking process to address the issue addressed by the Court – compliance with notice requirements. This means that the CPP will remain invalid until the new rulemaking is complete. You can read the full press release here.
This is the result of the legal challenge for the CPP brought by a number of industry groups and gas utilities. Because the Appeals Court did not rule on the main argument of the plaintiffs – that the DEQ lacked statutory authority to enact such a sweeping regulation – the business community retains its ability to challenge the new rule on the same grounds.
Thank you to OSCC for this update.