Editor’s note: After the author submitted this article for publication, a decision was issued in the Portland Pipe Line Corp. v. City of South Portland case upholding this ordinance.

“Denied.” With that simple order in late July, the Oregon Supreme Court declined to review a state appellate court decision upholding the city of Portland’s ban on “bulk fossil fuel terminals” against a dormant commerce clause challenge. On the other side of the country, another dormant commerce clause case is pending in federal district court over a city of South Portland, Maine, ordinance prohibiting the bulk loading of crude oil onto tankers. Those two cities are at the vanguard of a growing wave of local governments outside hydrocarbon-producing areas seeking to address climate change and other environmental risks by disrupting the infrastructure needed to transport fossil fuels to market.

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