STATE:

Why NFIB

Take Action

Get Support

Stay Informed

Podcast Podcast

Careers Careers

Join Now

Home / News /

Arguments Heard in Oregon Environmental Case NFIB Has Joined

October 3, 2023 Last Edit: March 19, 2026

Arguments Heard in Oregon Environmental Case NFIB Has Joined

Oral arguments were heard September 29 in a case NFIB has joined, challenging the authority of the state to proceed with its Climate Protection Program and the carbon emission targets it has set. “The program, approved by the Oregon Environmental Quality Commission in December 2021, mandates ever-increasing cuts in emissions from the state’s natural-gas utilities and suppliers of gasoline, diesel, kerosene and propane,” reported The Oregonian. “It also requires existing and proposed large industrial facilities to reduce carbon pollution through the best available emissions-reductions approaches. The program went into effect in January 2022. Its goal is for fossil fuel suppliers to reduce greenhouse gas emissions by 50% by 2035 and 90% by 2050. Large industrial facilities must also aim for 50% reductions by 2035.” The oral arguments can be viewed here. Small business is unavoidably ensnared in the issue, which is why the NFIB Small Business Legal Center filed an opening brief as a petitioner-intervenor in the case, arguing that it is not within the authority of the executive branch, and by extension, the EQC, to enact statewide cap-and-trade programs like the CPP, without an express delegation of authority by the Legislature. “The CPP rules will decrease the competitiveness of small businesses relative to companies operating in localities without similar regulations and pricing,” said Anthony K. Smith, NFIB Oregon State Director. “On behalf of Oregon’s small businesses, NFIB urges the Court of Appeals to declare the CPP Rules invalid.” Added Elizabeth Milito, executive director of NFIB’s Small Business Legal Center, “The current CPP Rules will decrease fuel availability and increase costs for small businesses and their families. These regulations are a great concern to small business owners, who already report energy costs as a large expense to their businesses.” The Oregon Capital Chronicle also covered the oral arguments in the case, which is before the Oregon Court of Appeals. NFIB will continue to report on its progress. Related NFIB Oregon Web Stories

September 22, 2022—NFIB Petitions Oregon Court of Appeals Concerning CPP Rules

June 14, 2022—NFIB Joins Business Coalition Opposing Oregon’s Climate Change Rules

May 25, 2022—NFIB Members Help Delay Permanent Environmental Rules

November 2, 2021—DEQ Rules Helping to Make 2022 a Dismal Year

October 19, 2021—Say ‘No’ to a Cap-and-Trade Executive Order

Other Environment-Related Stories from the NFIB Oregon Webpage

December 14, 2022—Should Oregon Ban Gas-Powered Cars by 2035

October 5, 2022—Shocking the Electric Vehicle System

May 11, 2022—Proposed Land Use and Planning Rules Have Serious Impacts for Oregon Small Businesses

April 19, 2022—Will Oregon Suspend Its Gas Tax?

Topics:

Taxes

State:

Oregon

Get to know NFIB

NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

Learn More

July 27, 2026

Shop Small During New Mexico’s Back-to-School Tax-Free Holiday

Certain back-to-school items will be exempt from sales tax from Friday, July 31-Sunday, August 2

July 27, 2026

Podcast: State Tax Hikes on the Ballot This Year

Experts on the Small Business Rundown discuss proposed state tax increases and the impact higher taxes would have on small businesses across the nation.

July 27, 2026

Northern Illinois Sales Taxes Increase August 1

The higher taxes in Northern Illinois are to fund the Chicago-area public-transit system

July 27, 2026

Arkansas’ Sales Tax Holiday Weekend Is an Opportunity to Shop Small

Certain items will be exempt from sales tax Saturday, August 1-Sunday, August 2

Arguments Heard in Oregon Environmental Case NFIB Has Joined

Related Articles