By: Nicholas Caleb for Center for Sustainable Economy, Dec. 28, 2018
Last week, climate activists cheered the news that the Western States Petroleum Association declined to pursue an appeal of Portland’s Fossil Fuel Terminal Zoning Amendments to the United States Supreme Court. After losing Dormant Commerce Clause challenges at the Oregon Court of Appeals (January, 2018) and Oregon Supreme Court (July, 2018), it seemed likely that the fossil fuel industry representative would continue to fight. However, the December 21, 2018 deadline passed without a filing.
As it stands, the largely favorable lower court decisions have clarified the powers of local governments to protect their residents from the dangers of the fossil fuel industry.
The City of Portland is now free to reinstitute the Fossil Fuel Terminal Zoning Amendments, which prohibited new and expanded large-scale fossil fuel infrastructure in Portland. CSE and our partners will be there to ensure that this process begins immediately.