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

Eugene, OR – According to the state officials, the court reportedly 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.

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.