Court Upholds Portland’s Carbon Infrastructure Ban
The Oregon Court of Appeals dealt one of the most progressive climate policies in the country a major victory on Thursday when it ruled that Portland’s fossil fuel infrastructure ban does not violate the U.S. Constitution. The ruling overturns an earlier decision by the state’s Land Use Board of Appeals — an administrative body charged with deciding land use conflicts — which found that the ban on new fossil fuel infrastructure within city limits violated the Interstate Commerce Clause of the Constitution. “We’re thrilled,” Regna Merritt, director of the Healthy Climate Program at Oregon Physicians for Social Responsibility, said in a statement. “Today’s decision affirms that Portland and other communities can implement innovative protections to counter threats to human health and safety from dangerous fossil fuel infrastructure.”