Oregon climate laws could face test as Trump executive order targets clean energy mandates

President Donald Trump’s newest executive order takes aim at climate change laws and policies adopted by states and local jurisdictions and could put an array of Oregon programs at risk.

The executive order, issued Tuesday, commands Attorney General Pam Bondi to “take all appropriate action to stop the enforcement” of state and local laws, regulations, causes of action, policies and practices that address climate change, environmental justice and carbon or greenhouse gas emissions reductions – many of which underpin Oregon’s aggressive climate goals.

“These State laws and policies are fundamentally irreconcilable with my Administration’s objective to unleash American energy,” Trump says in the order. “They should not stand.”

The order also specifically calls out climate Superfund laws that aim to make polluters pay for damages and climate lawsuits that seek to recover damages from polluters. The order also includes a call to halt attempts to collect carbon penalties or carbon taxes.

Oregon’s signature Climate Protection Program, which the state restored last November after a legal challenge, would be the most likely target. The program requires ever-increasing reductions in greenhouse gas emissions from the state’s natural gas utilities, suppliers of gasoline, diesel, kerosene and propane and large industrial plants.

Other programs the federal government may challenge include Oregon’s 100% clean energy law, which requires investor-owned utilities in the state to transition to all clean electricity by 2040; the coal-to-clean law that phases out coal from the state’s electricity supply by 2030; and the Clean Fuels Program to reduce the carbon intensity of transportation fuels.

Also at risk could be energy efficiency programs, solar incentives and electric car and truck rebates.

At the local level, the Trump administration could target Portland’s effort to phase out petroleum diesel, Multnomah County’s climate lawsuit that seeks to recover costs of responding to the heat dome and other extreme weather from fossil fuel companies, the county’s and city’s clean energy, electrification and energy efficiency requirements, Ashland’s pollution fee on new natural gas hookups, among others.

The order also mentions existing climate Superfund laws in New York and Vermont that seek to recoup payments for climate change-related damages from large polluters based on their greenhouse gas emissions. Oregon legislators are working to pass a similar law.

Oregon environmental groups called Trump’s order blatantly unconstitutional and said states have the right to pursue clean electricity sources like wind and solar projects, create green jobs and help local residents become better prepared for extreme weather events.

“This executive order is yet another clear attempt by President Trump at the behest of the fossil fuel industry to override and silence the will of the people. If allowed to stand, it would mean not just higher bills and local job loss but also more pollution for our families and destructive wildfires across Oregon and the rest of the country,” said Meredith Connolly, director of policy and strategy at Climate Solutions, a Northwest-based nonprofit focused on clean energy.

Connolly urged Gov. Tina Kotek, Attorney General Dan Rayfield and the state Legislature to stand firm in protecting state and local climate laws.

Kotek said she would do just that.

“Combating climate change requires collaboration and long-term work – not deregulating polluters. The science is clear. Climate change is real and our state programs are critical to protecting our environment for generations to come. I will continue to fight for the longstanding values of Oregonians,” Kotek said in a statement.

“My administration, through coordination with other states, is committed to the clean energy transition, modernizing our energy grid, and helping lower energy bills for low-income Oregonians,” she added.

It’s unclear how Trump’s order would be carried out.

Legal experts immediately questioned its validity, pointing out that the Constitution recognizes that federal and state governments each have authority and an executive order doesn’t change that.

“The lines between state authority and federal authority are well-understood, and the U.S. Attorney General cannot stop enforcement of state or local laws simply because the Administration has different policy preferences,” Greg Dotson, a professor at the University of Oregon School of Law, told The Oregonian/OregonLive via email.

Trump’s order requires Bondi to submit a report on recommended executive and legislative actions within 60 days.

— Gosia Wozniacka covers environmental justice, climate change, the clean energy transition and other environmental issues. Reach her at gwozniacka@oregonian.com or 971-421-3154.

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