Oregon Court of Appeals Strikes Down DEQ’s Cap-and-Trade Scheme

December 20, 2023 – Court of Appeals of the State of Oregon: Northwest Natural Gas et. al v. Environmental Quality Commission

Argued and submitted September 29, 2023.Megan H. Berge, California, argued the cause for petitioners Northwest Natural Gas Company, Avista Corporation, and Cascade Natural Gas Corporation. Also on the briefs were Clifford S. Davidson, Drew L. Eyman, and Snell & Wilmer LLP; and Sterling Marchand, Scott Novak, and Baker Botts L.L.P., California.

Rachel C. Lee argued the cause for petitioners Oregon Farm Bureau Federation, Oregon Business & Industry Association, Oregon Manufacturers and Commerce, Alliance of Western Energy Consumers, Associated Oregon Loggers, Inc., Northwest Pulp and Paper Association, Oregon Association of Nurseries, Oregon Forest and Industries Council, Oregon Trucking Associations, Inc., Western Wood Preservers Institute, Otley Land and Cattle, LLC, and Space Age Fuel, Inc. Also on the briefs were Thomas R. Wood, Geoffrey B. Tichenor, and Stoel Rives LLP.

Steven G. Liday argued the cause for petitioner Western States Petroleum Association. Also on the briefs were Joshua M. Sasaki, Ivan Resendiz Gutierrez, Katelyn J. Fulton, and Miller Nash LLP.

Carson L. Whitehead, Assistant Attorney General, argued the cause for respondent Environmental Quality Commission. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Daniel C. Snyder and Public Justice, Washington, D. C., and Pete Huffman and Natural Resources Defense Council, Washington, D. C., filed the brief for intervenor-respondent Natural Resources Defense Council.

Rachel C. Lee argued the cause for intervenor-petitioner National Federation of Independent Business. Also on the briefs were Thomas R. Wood, Geoffrey B. Tichenor, and Stoel Rives LLP.

Maura C. Fahey argued the cause for intervenor-respon-dents Beyond Toxics, Climate Solutions, Environmental Defense Fund, Oregon Business for Climate, and Oregon Environmental Council. Also on the brief were Erin Hogan-Freemole and Crag Law Center.

C. Robert Steringer, Erica Tatoian, and Harrang Long Gary Rudnick P.C. filed the brief amicus curiae for Office & Professional Employees International Union, Local 11.

Sadie Normoyle and Western Environmental Law Center filed the brief amicus curiae for Affiliated Tribes of Northwest Indians.

Jonah Sanford and Northwest Environmental Defense Center filed the brief amicus curiae for Northwest Environmental Defense Center, Pineros Y Campesinos Unidos del Noroeste, Oregon Public Health Association, Leslie Hammer, Ph.D., Our Climate, NAACP Eugene-Springfield Branch #1119, and Community Energy Project.

Molly Tack-Hooper and Earthjustice (Washington) filed the brief amicus curiae for Rogue Climate, Verde, and Columbia Riverkeeper.

Jesse A. Buss, Bridgett Chevallier, and Willamette Law Group, PC, filed the brief amicus curiae for New Seasons Market LLC, SERA Architects, Inc., Indow, Neil Kelly Company, and Friends of Family Farmers.

Before Egan, Presiding Judge, and Kamins, Judge, and Kistler, Senior Judge.

K AMINS, J.

Rules invalid.

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