PORTLAND, Ore. —
The Climate Protection Program, Oregon’s signature law aimed at reducing greenhouse gas emissions, will be on hold for at least a year.
That comes after a court ruled the program invalid last month due to an administrative error made during the rulemaking process.
Leah Feldon, director of the Oregon Department of Environmental Quality, said her agency was troubled by the ruling, but is working to find the best way forward.
“DEQ strongly disagrees with the court’s decision, but we accept it,” Feldon said in a statement. “The Climate Protection Program is a critical component to meeting Oregon’s greenhouse gas reduction goals.”
The program, which was put into law by an executive order from then-Gov. Kate Brown in 2021, aimed to cut Oregon’s greenhouse gas emissions by 90% by 2050. The program would put a cap on the amount of carbon dioxide the state’s largest polluters could emit that would lower over time.
Soon after the program went into effect in 2022, several of the state’s largest utilities and business groups sued to block the law, alleging the DEQ didn’t have the authority to enforce it.
NW Natural, one of the litigants challenging the law, said at the time it was pleased with the court’s decision and that it is committed to moving toward a low-carbon energy future.
The court has yet to rule on the authority issues in the case, but in December it found that the DEQ had failed to make certain required disclosures during the rulemaking process, invalidating the program.
Lauren Wirtis, a spokeswoman for the agency, said the DEQ could have appealed the ruling, but after consulting with the Department of Justice, decided against it.
“The process of appealing Is really uncertain and really long. It could set us into 2025 before we even hear back from the Supreme Court,” Wirtis said, noting that going through the rulemaking process again would get the law back in effect in a shorter timeframe.
“Our priority is to protect climate in Oregon, and this was the shortest path to do so,” Wirtis said.
The program, one of the most aggressive in the nation, was intended to provide certainty for businesses as the cap on greenhouse gas emissions.
Wirtis said the delay in putting it back into effect could upend those efforts.
“We do understand that this creates a lot of uncertainty for businesses, and really the point of cap-and-trade programs is to have this slow and certain process by which we decline greenhouse gas emissions,” she said. “By having to redo things midway through, it creates a lot of uncertainty, and that's difficult for everybody.”
Scientists have been clear for years that carbon dioxide and other greenhouse gases must be reduced or eliminated rapidly to avoid the worst consequences of climate change.
Still Gov. Tina Kotek expressed confidence that DEQ will be able to move forward with the program, including having Oregonians weigh in on its merit.
“We must keep pushing to reduce (greenhouse gas) emissions, and I know DEQ will continue to be a key leader in making sure Oregon meets its goals,” Kotek said in a statement. “Though the important work of the (Climate Protection Program) has been delayed, DEQ will again be undertaking significant community engagement to develop this next stage of strong climate policy to meet our statewide emissions reduction targets.”
The Environmental Quality Commission, which approves the rules and polices of the DEQ, is meeting Wednesday where they'll hear public comment.