Judge Recommends Dismissal of Portland Fuel Storage Rule Lawsuit

The City of Portland was partially successful trying to get a suit dismissed from Montana and fossil fuel groups challenging an ordinance limiting the expansion of bulk fossil fuel terminals.

Portland’s motion to dismiss for lack of subject matter jurisdiction should be denied but dismissal is warranted for failure to state a claim, Magistrate Judge Youlee Yim You of the US District Court for the District of Oregon recommended.

The city in 2022 adopted amendments to its land use code through an ordinance, You said in a findings and recommendations filing. The purpose was to reduce the ...