EcoWatch
Facebook 573k Twitter 238k Instagram 37k Subscribe Subscribe
  • Climate
  • Energy
  • Policy
  • Renewables
  • Culture
  • Science
  • Go Solar Today
      • Top Companies By State
        • California Solar Companies
        • Texas Solar Companies
        • New York Solar Companies
        • Florida Solar Companies
        • See All States
      • Top Incentives By State
        • California Solar Incentives
        • Texas Solar Incentives
        • New York Solar Incentives
        • Florida Solar Incentives
        • See All States
      • Solar Panel Costs By State
        • Solar Panel Costs in California
        • Solar Panel Costs in Texas
        • Solar Panel Costs in New York
        • Solar Panel Costs in Florida
        • See All States
      • Value of Solar by State
        • Is Solar Worth It In California?
        • Is Solar Worth It in Texas?
        • Is Solar Worth It New York?
        • Is Solar Worth It In Florida?
        • See All States
      • Company Reviews
        • Tesla Solar Review
        • Sunrun Solar Review
        • SunPower Solar Review
        • Vivint Solar Review
        • See All Companies
      • Common Solar Questions
        • Can You Get Free Solar Panels?
        • Does Solar Increase Home Value?
        • What’re The Best Solar Batteries?
        • Can You Finance Solar?
        • Where To Buy Solar Panels?
        • Payback On Solar Panels?
      • Solar Resources
        • Interactive Solar Calculator
        • Federal Solar Tax Credit 2023
        • Best Solar Panels For Most Homes
        • Tesla Solar Roof Review
        • Cheapest Solar Panels
      • Companies Compared
        • SunPower vs Tesla Solar
        • SunRun vs Tesla Solar
        • SunRun vs SunPower
        • SunPower vs Momentum Solar
        • SunPower vs ADT Solar
EcoWatch
  • Climate
  • Energy
  • Policy
  • Renewables
  • Culture
  • Science
  • Go Solar Today
    • Go Solar Today
    • Top Companies By State
      • California Solar Companies
      • Texas Solar Companies
      • New York Solar Companies
      • Florida Solar Companies
      • See All States
    • Top Incentives By State
      • California Solar Incentives
      • Texas Solar Incentives
      • New York Solar Incentives
      • Florida Solar Incentives
      • See All States
    • Solar Panel Costs By State
      • Solar Panel Costs in California
      • Solar Panel Costs in Texas
      • Solar Panel Costs in New York
      • Solar Panel Costs in Florida
      • See All States
    • Value of Solar by State
      • Is Solar Worth It In California?
      • Is Solar Worth It in Texas?
      • Is Solar Worth It New York?
      • Is Solar Worth It In Florida?
      • See All States
    • Company Reviews
      • Tesla Solar Review
      • Sunrun Solar Review
      • SunPower Solar Review
      • Vivint Solar Review
      • See All Companies
    • Common Solar Questions
      • Can You Get Free Solar Panels?
      • Does Solar Increase Home Value?
      • What’re The Best Solar Batteries?
      • Can You Finance Solar?
      • Where To Buy Solar Panels?
      • Payback On Solar Panels?
    • Solar Resources
      • Interactive Solar Calculator
      • Federal Solar Tax Credit 2023
      • Best Solar Panels For Most Homes
      • Tesla Solar Roof Review
      • Cheapest Solar Panels
    • Companies Compared
      • SunPower vs Tesla Solar
      • SunRun vs Tesla Solar
      • SunRun vs SunPower
      • SunPower vs Momentum Solar
      • SunPower vs ADT Solar

The best of EcoWatch right in your inbox. Sign up for our email newsletter!

    • About EcoWatch
    • Contact EcoWatch
    • Terms of Use
    • Privacy Policy
    • Learn About Solar Energy
    Facebook 573k Twitter 238k Instagram 37k
    EcoWatch
    • About EcoWatch
    • Contact EcoWatch
    • Terms of Use
    • Privacy Policy
    • Learn About Solar Energy
    Facebook 573k Twitter 238k Instagram 37k
    Home Policy

    Montana Sues Portland, Oregon Over Fossil Fuel Terminal Ban

    By: Olivia Rosane
    Updated: February 17, 2023
    Edited by Chris McDermott
    Facebook icon Twitter icon Pinterest icon Email icon
    Protesters take part in the People's Climate March in Portland, Oregon in 2017
    Protesters take part in the People's Climate March in Portland, Oregon on April 29, 2017. Alex Milan Tracy / Anadolu Agency / Getty Images
    Why you can trust us

    Founded in 2005 as an Ohio-based environmental newspaper, EcoWatch is a digital platform dedicated to publishing quality, science-based content on environmental issues, causes, and solutions.

    Facebook icon Twitter icon Pinterest icon Email icon

    In 2016, the Portland, Oregon, city council unanimously approved a ban on either building new fossil fuel terminals within the city or expanding existing ones.

    At the time, Inside Climate News reported it was likely the first time a city had used zoning laws to restrict the use of fossil fuels, and climate activists hailed the creative strategy. 

    “Portland is taking bold steps to protect our city from the immediate risks of fossil fuels while sending a powerful message to other cities across the nation and the world that the grassroots movement will not let national politics deter cities from taking the lead on climate action,” 350PDX organizer Mia Reback said in a statement reported by Inside Climate News at the time. 

    More From EcoWatch
    • Is Solar Worth It in Montana?
    • Oregon Solar Incentives
    • How Does Your State Generate Power?

    But Portland’s policy — which has been revised and updated since it first passed — did not please everyone. On Tuesday, the state of Montana and four fossil fuel trade groups sued the city over a policy they argue discriminates against interstate trade, as Oregon Public Broadcasting (OPB) reported. 

    “The Portland government is artificially and intentionally preventing new and expanded infrastructure in order [to] achieve its politically motivated ‘climate action plan,’” Montana Attorney General Austin Knudsen said in a press release. “Further, Portland’s hypocritical policies kneecap Montana industries and workers from getting our energy products to market while trying to protect its own citizens from the consequences of its short-sighted actions.”

    The Portland policy works by designating “Bulk Fossil Fuel Terminals” as a new land use category and then prohibiting them in all zones of the city, according to Inside Climate News. Bulk Fossil Fuel Terminals are defined as fossil fuel storage sites linked to pipeline, rail or marine transit infrastructure as well as those holding at least two million gallons of fossil fuels. The policy was updated in 2019 and 2022, according to OPB. 

    The Portland policy does allow for certain exemptions to provide fuel to gas stations, airports and the terminals in place prior to the ban, which largely go to regional operations, Reuters reported. These exceptions are what the lawsuit hinges upon, arguing that the policy discriminates against out-of-state businesses. It therefore violates the Dormant Commerce Clause, Foreign Commerce Clause, and Due Process Clause of the U.S. Constitution, as Montana Department of Justice explained in a press release. In particular, Montana is concerned that the policy blocks it and other midwestern fuels from Asian markets, according to Reuters. 

    The suit was filed in the Portland Division of the U.S. District Court for the District of Oregon, and the industry plaintiffs are the Western Energy Alliance, Pacific Propane Gas Association, Idaho Petroleum Marketers and Convenience Store Association and Christensen, Inc.

    Portland’s policy has withstood legal challenges in the past, however, as OPB explained. Immediately after it passed, the  Western States Petroleum Association sued to block it.The Oregon Land Use Board of Appeals ruled that the policy could remain in place, but that the city needed to support it with more data going forward. Another lawsuit in 2018 was rejected by the Oregon Court of Appeals because of a reason that might save the policy this time as well: Portland’s existing fossil fuel terminals are placed along a stretch of the Willamette River that is vulnerable to earthquakes. A 2020 study found that a quake could lead to a spill of at least 95 million gallons from these terminals and cause as much as $2.6 billion in damages. Adding more fuel to the proverbial fire would not help matters.

    “There’s extensive records at this point about terrifying data about what will happen to the shores of the Willamette during an earthquake,” climate-justice organization Breach Collective lawyer Nick Caleb said, as OPB reported. “I hope the federal court agrees we have a legal purpose in allowing that risk not to expand.”

    Subscribe to get exclusive updates in our daily newsletter!

      By signing up, you agree to the Terms of Use and Privacy Policy & to receive electronic communications from EcoWatch Media Group, which may include marketing promotions, advertisements and sponsored content.

      Olivia Rosane

      Olivia Rosane is a freelance writer and reporter with a decade’s worth of experience. She has been contributing to EcoWatch daily since 2018 and has also covered environmental themes for Treehugger, The Trouble, YES! Magazine and Real Life. She holds a Ph.D. in English Literature from the University of Cambridge and a master’s in Art and Politics from Goldsmiths, University of London.
      Facebook icon Twitter icon Pinterest icon Email icon

      Read More

      This Is the Make-or-Break Decade for Climate Action, IPCC Warns
      Decisions made this decade will largely determine whether world leaders
      By Olivia Rosane
      EU Seeks to Boost Domestic Green Energy Production With Net Zero Industry Act
      The European Union on Thursday unveiled its plan to become
      By Olivia Rosane
      Texas Education Officials Weaken Climate Science in Textbooks
      The Texas State Board of Education changed its guidelines last
      By Climate Nexus

      Subscribe to get exclusive updates in our daily newsletter!

        By signing up, you agree to the Terms of Use and Privacy Policy & to receive electronic communications from EcoWatch Media Group, which may include marketing promotions, advertisements and sponsored content.

        Latest Articles

        • This Is the Make-or-Break Decade for Climate Action, IPCC Warns
          by Olivia Rosane
          March 20, 2023
        • EU Solar Companies Say New Plans to Boost Domestic Products Over Imports Would Hamper Solar Progress
          by Cristen Hemingway Jaynes
          March 20, 2023
        • Millions of Fish Dead in Australia River Following Low Oxygen Levels, High Temperatures
          by Paige Bennett
          March 20, 2023
        • EU Seeks to Boost Domestic Green Energy Production With Net Zero Industry Act
          by Olivia Rosane
          March 20, 2023
        • Texas Education Officials Weaken Climate Science in Textbooks
          by Climate Nexus
          March 20, 2023
        • Arctic Sea Ice Maximum Extent Is Fifth Lowest on Record
          by Olivia Rosane
          March 17, 2023
        • Global Freshwater Demand Will Exceed Supply 40% by 2030, Experts Warn
          by Cristen Hemingway Jaynes
          March 17, 2023
        • Train Derails, Leaks an Estimated 5,000 Gallons of Fuel on Reservation in Washington
          by Paige Bennett
          March 17, 2023
        EcoWatch

        The best of EcoWatch right in your inbox. Sign up for our email newsletter!

          • Climate Climate
          • Animals Animals
          • Health + Wellness Health + Wellness
          • Insights + Opinion Insights + Opinion
          • Adventure Adventure
          • Oceans Oceans
          • Business Business
          • Solar Solar
          • About EcoWatch
          • Contact EcoWatch
          • EcoWatch Reviews
          • Terms of Use
          • Privacy Policy
          • Learn About Solar Energy
          • Learn About Deregulated Energy
          • EcoWatch UK
          Follow Us
          Facebook 573k
          Twitter 238k
          Instagram 37k
          Subscribe Subscribe

          Experts for a healthier planet and life.

          Mentioned by:
          Learn more