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Portland, OR—The Oregon Department of Environmental Quality will begin the process to reinstate the Climate Protection Program in the first quarter of 2024 following a December ruling from the Oregon Court of Appeals .

The court decided that DEQ did not fully comply with notice requirements during the rulemaking process for the program, thereby invalidating the final rules and the program. The court’s ruling did not impact the Environmental Quality Commission’s underlying authority to establish and enforce the Climate Protection Program.

DEQ has decided not to appeal this decision. Following the appeal deadline, the court will issue a judgment finalizing its decision and the Climate Protection Program will no longer be in effect.

“DEQ strongly disagrees with the court’s decision, but we accept it,” said DEQ Director Leah Feldon. “The Climate Protection Program is a critical component to meeting Oregon’s greenhouse gas reduction goals. Instead of pursuing the lengthy and uncertain appeals process, we’re taking the shortest path to reinstating the program – going back through the rulemaking process.”

The rulemaking process typically takes about 12 months, including a public comment period. As with all rulemakings, DEQ will ensure opportunities for interested parties and the public to share their perspectives and feedback. The final step of DEQ’s rulemaking process is to propose the rules for adoption to the agency’s governing body, the Environmental Quality Commission.

“We must keep pushing to reduce GHG emissions, and I know DEQ will continue to be a key leader in making sure Oregon meets its goals,” said Governor Tina Kotek. “Though the important work of the CPP has been delayed, DEQ will again be undertaking significant community engagement to develop this next stage of strong climate policy to meet our statewide GHG emissions reduction targets.”

The Climate Protection Program was designed to curb climate pollution from fossil fuels by 90% by 2050. This type of climate policy is critical for Oregon to achieve its climate goals.

Sign up to be on the Climate Protection Program em… through GovDelivery to get the latest updates and information about this process.

Media contact: Lauren Wirtis, DEQ Communications, 503-568-3295, lauren.wirtis@deq.oregon.gov

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