Portland will defend fossil fuel ordinance before Oregon Court of Appeals
The Portland City Council voted unanimously on Wednesday to appeal an Oregon Land Use Board of Appeals decision that had overturned the city's fossil fuel terminal ordinance.
The case will now move to the Oregon Court of Appeals.
Portland's ordinance barred significant new fossil fuel storage facilities and sharply restricted expansion of existing facilities. About 11 large oil and gas terminals in the Northwest Portland industrial district supply an estimated 90 percent of the oil and gas consumed in Oregon and Southwest Washington.
On July 19, LUBA ruled that the city ordinance violates the commerce clause of the U.S. Constitution, which grants Congress the power to regulate interstate commerce.
The Western States Petroleum Association, Portland Business Alliance and Columbia Pacific Building Trades Council had appealed the ordinance to LUBA.
A coalition of environmental groups are parties to the new appeal in support of the city's position. They include Oregon Physicians for Social Responsibility, Portland Audubon Society, Columbia Riverkeeper, and the Center for Sustainable Economy. All are represented by the Crag Law Center, a nonprofit public interest law practice focusing on environmental issues.