OR Updates
- Environmental Developments to Watch in Oregon: 2026 Legislative Wrap-Up (May 18, 2026)
- Oregon Battery EPR Bill Headed to Governor for Signature (March 20, 2026)
- ODOE Seeks Public Input on Accelerating Clean Energy Siting and Development (March 4, 2026)
- Packaging EPR Updates: California Withdraws SB 54 Draft Regulations and Oregon Enforcement and Rulemaking Updates (January 15, 2026)
- Governor of Oregon Orders Clean Energy Overhaul (November 25, 2025)
- Are Extended Producer Responsibility Laws Constitutional: A Look at the Legal Challenge in Oregon (November 14, 2025)
- Recap of Environmental Issues in Oregon's 2025 Legislative Session (September 18, 2025)
- Circular Action Alliance Underscores Consequences of Non-Compliance with Upcoming Oregon Packaging EPR Compliance Deadline (March 19, 2024)
- Oregon Pursues Listing PFOA and PFOS as Hazardous Substances under State Cleanup Law (December 2, 2024)
- Pacific Northwest Climate Law Update: Recent Developments Cloud the Future of Oregon and Washington Climate Programs (January 4, 2024)
- Appeals Court Upholds Penalty Against Members of LLC that Owned Landfill for Violations of Oregon’s Landfill Closure Law (December 20, 2022)
- BOEM Expands Offshore Wind Efforts to Oregon (April 28, 2022)
- Oregon Court Faults DEQ for Procedural Violations in Solid Waste Permitting Decisions (February 2, 2022)
- Oregon Sees Washington’s 2045 Target for Grid Decarbonization, Lowers by 5 (July 6, 2021)
- Oregon Increases Access to Historical Insurance Assets for Cleanup Liabilities (June 16, 2021)
- Oregon Adopts a Significantly Modified (And Legally Vulnerable) Industrial Stormwater General Permit (May 4, 2021)
- Oregon Seeks to Modernize its Recycling Program (January 28, 2021)
May 18, 2026
Environmental Developments to Watch in Oregon: 2026 Legislative Wrap-Up
Oregon’s 2026 legislative session advanced the state’s goals on environmental protection, clean energy development, and regulatory efficiency. Lawmakers passed legislation addressing energy facility siting, EPR for batteries, permitting reforms for major economic development projects, and financial assurance requirements for bulk oil and liquid fuels facilities. This article highlights significant environmental and sustainability-related legislation from Oregon’s 2026 session and explores the impacts and next steps for Oregon’s regulated community.
For the full article, see here. –Authors: Eric Christensen, Casey Clausen, Allyn Stern, Spencer Gheen, Jason Frank, Ning Hsu, Emily Schwartz, Kevin Fitzgerald
March 20, 2026
Oregon Battery EPR Bill Headed to Governor for Signature
On March 5, 2026, the Oregon Legislature passed House Bill 4144 (the Bill), which would require producers of batteries or battery-containing products sold in Oregon to participate in a battery producer responsibility organization (PRO) and fund a statewide battery collection and recycling program. The Bill now awaits Governor Tina Kotek’s signature.
For the full article, see here. –Authors: Paul Hagen, Allyn Stern, Mary Burdette
March 4, 2026
ODOE Seeks Public Input on Accelerating Clean Energy Siting and Development
The Oregon Department of Energy (ODOE) is soliciting public comments to inform two reports it is developing pursuant to Governor Kotek’s Executive Order 25-29 (EO 25-29), which directs Oregon agencies to adopt and develop strategies for reducing Oregon’s greenhouse gas emissions. The ODOE reports will provide recommendations on: (1) reducing barriers to clean energy development; and (2) opportunities to improve the Oregon Energy Facility Siting Council (EFSC) process for permitting large-scale energy infrastructure. Both reports are due to the Governor’s Office by September 1, 2026. You can find Beveridge & Diamond’s summary of EO 25-29 here.
For the full article, see here. –Authors: Eric Christensen, Jason Frank
January 15, 2026
Packaging EPR Updates: California Withdraws SB 54 Draft Regulations and Oregon Enforcement and Rulemaking Updates
Rulemaking: Oregon’s Department of Environmental Quality (DEQ) initiated a third rulemaking to address several topics, including four recommended exemptions from “covered products,” Life Cycle evaluations, and rule clarifications. DEQ’s advisory committee will meet on January 27, 2026 and the meeting is open to the public.
Enforcement: CAA began referring unresolved producer delinquencies to DEQ for enforcement. Under Oregon law, CAA must escalate non-compliance to DEQ. Once referred, DEQ may pursue enforcement, including imposing a civil penalty of up to $25,000 per day. DEQ may also request the Oregon Department of Justice to bring an action to prohibit a noncompliant producer from selling a covered product in or into Oregon – though this is unlikely given DEQ’s consistent messaging that compliance will be the focus for the 2025 reporting year rather than enforcement.
For the full article, see here. –Authors: Allyn Stern, Kirstin Gruver, Nikki Waxman, Sharon Mathew, Emily Schwartz
November 25, 2025
Governor of Oregon Orders Clean Energy Overhaul
Oregon Governor Tina Kotek issued Executive Order (EO) 25-29 on November 19, 2025, directing Oregon agencies to fast-track the state’s clean energy transition. The EO mandates implementation of the Oregon Energy Strategy, orders the streamlining of permitting for renewable energy and energy storage projects, and prioritizes transmission planning to improve grid reliability and affordability.
For the full article, see here. –Key Contacts: Eric Christensen, Jason Frank
November 14, 2025
Are Extended Producer Responsibility Laws Constitutional: A Look at the Legal Challenge in Oregon
The National Association of Wholesaler-Distributors recently filed suit in federal court, alleging that Oregon’s EPR law violates multiple constitutional doctrines, including the dormant commerce clause, due process, and equal protection under the U.S. Constitution and the nondelegation doctrine under Oregon’s constitution. Businesses subject to EPR obligations should monitor this litigation closely, as it may influence compliance structures in states implementing similar laws.
For the full article, see here. –Key Contacts: Allyn Stern, Justin Smith
September 18, 2025
Recap of Environmental Issues in Oregon's 2025 Legislative Session
Oregon’s 2025 legislative session marked a significant moment in the state’s ongoing leadership on environmental protection and sustainability. Lawmakers considered a wide range of bills addressing climate change, waste reduction, emerging contaminants, permitting reform, and water resources.
With lawyers based in the Pacific Northwest, including Portland, Oregon, Beveridge & Diamond (B&D) closely tracks developments, upcoming deadlines, and business implications for companies with operations in Oregon. This article highlights the most significant environmental and sustainability-related legislation that Governor Kotek signed into law and explores impacts and next steps for Oregon’s regulated community going forward.
For the full article, see here. –Key Contacts: Allyn Stern, Casey Clausen
March 19, 2025
Circular Action Alliance Underscores Consequences of Non-Compliance with Upcoming Oregon Packaging EPR Compliance Deadline
With the March 31, 2025 deadline to comply with Oregon’s packaging extended producer responsibility (EPR) law rapidly approaching, producers of covered materials, including packaging, paper products, and food serviceware, should register with the Circular Action Alliance (CAA) and prepare their covered materials reports as soon as possible. In a recent webinar, CAA, the producer responsibility organization tasked with implementing Oregon’s packaging EPR law, highlighted that it is required under Oregon law to publish a list of compliant and non-compliant producers on its website, as well as the reason for noncompliance. ORS 459A.869(8)(a-b). For producers that do not register and report in advance of the March 31 deadline, CAA may assess late penalties, require retroactive payment into the PRO for the time missed, and could refer any enforcement action to Oregon Department of Environmental Quality (ODEQ). CAA will provide notice of noncompliance to non-compliant producers and give them an opportunity to cure prior to a formal ODEQ enforcement action or penalty assessment. Under this law, ODEQ has the authority to assess penalties of up to $25,000 per day of noncompliance. ORS 459A.995.
December 2, 2024
Oregon Pursues Listing PFOA and PFOS as Hazardous Substances under State Cleanup Law
Last month, the Oregon Department of Environmental Quality (DEQ) announced a rulemaking process to list perflouorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Oregon Cleanup Law. The rulemaking would adopt EPA’s designation earlier this year of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
For the full article, see here. –Authors: Casey Clausen, Nessa Horewitch Coppinger, Augustus Winkes
January 4, 2024
Pacific Northwest Climate Law Update: Recent Developments Cloud the Future of Oregon and Washington Climate Programs
Two developments toward the end of 2023 have clouded the future of climate policy in the Pacific Northwest. First, on November 21, 2023, opponents of Washington’s Climate Commitment Act (CCA) submitted more than 400,000 signatures to the Washington Secretary of State’s office supporting Initiative 2117 (I-2117). If approved, I-2117 would repeal the CCA. Second, on December 20, 2023, the Oregon Court of Appeals struck down Oregon’s Climate Protection Program, concluding that the Oregon Department of Environmental Quality (DEQ) did not provide proper notice when it adopted the program by administrative rulemaking. Northwest Natural Gas Co. v. Oregon Environmental Quality Commission, 329 Or.App. 648, __ P.3d __ (2023).
Read the full news alert here. –Authors: Eric Christensen, Brook Detterman, Dave Weber, Casey Clausen
December 20, 2022
Appeals Court Upholds Penalty Against Members of LLC that Owned Landfill for Violations of Oregon’s Landfill Closure Law
A long-running dispute over a substantial civil penalty issued by the Oregon Department of Environmental Quality (DEQ) for violations of Oregon’s landfill closure requirements continued with the Oregon Court of Appeals’ recent decision, Kinzua Resources, LLC v. Oregon Dep’t of Envtl. Quality, --- P.3d ---, 323 Or. App. 37 (2022) (Kinzua IV). Through the Environmental Quality Commission, DEQ assessed a penalty to Kinzua Resources, LLC for violations of the closure requirements at the Pilot Rock Landfill, a discontinued sawmill waste site, under ORS 459.205 and ORS 459.268. The commission also assigned responsibility to the two corporate members of Kinzua, Frontier Resources, LLC and ATR Services, Inc., and an individual principal shareholder of both members for the same violations as Kinzua under the theory that they “controlled” the landfill. Frontier, ATR, and the individual shareholder petitioned for judicial review in 2018, arguing partly that the evidence before the commission had not established that the LLC members managed Kinzua’s day-to-day operations.
Read the full news alert here. –Authors: Gus Winkes, Casey Clausen, John O’Meara
April 28, 2022
BOEM Expands Offshore Wind Efforts to Oregon
The Bureau of Ocean Energy Management (BOEM) announced a call for information and nominations (Call) today inviting the public to comment on leasing areas off the Oregon coast for offshore wind energy. The potential leasing areas total over 1.15 million acres at least 12 miles out from Charleston, Gold Beach, and Brookings, Oregon.
Read the full news alert here. –Authors: Jamie Auslander, Eric Christensen, Brook Detterman, Jonas Reagan
February 1, 2022
Oregon Court Faults DEQ for Procedural Violations in Solid Waste Permitting Decisions
In a pithy decision issued on January 26, 2022, in PNW Metal Recycling, Inc. v. Oregon Department of Environmental Quality, the Oregon Court of Appeals determined that the Department of Environmental Quality (DEQ) improperly bypassed agency rulemaking requirements when it announced and enforced a change in policy regarding solid waste permitting requirements for scrap metal recyclers that accept vehicles and non-vehicles at their facilities. The court’s decision highlights the limits and potential power of informal administrative agency actions in Oregon.
Read the full news alert here. –Authors: David Weber, Gus Winkes
July 6, 2021
Oregon Sees Washington’s 2045 Target for Grid Decarbonization, Lowers by 5
On June 26, 2021, in the waning hours of Oregon’s legislative session, the legislature passed House Bill 2021 (H.B. 2021 or the Act) - Oregon’s take on sweeping climate legislation for retail electricity generation. Notably, H.B. 2021 sets aggressive greenhouse gas (GHG) emission reductions targets for electricity sold to Oregon consumers, requiring a 100% reduction below baseline levels by 2040. This target is more aggressive than Washington’s and California’s targets of 2045. Oregon joins seventeen states, the District of Columbia, and Puerto Rico, in adopting either mandatory legislation or targets for 100% GHG-free electricity sectors by mid-century. Oregon is the latest state on the bandwagon, which has been growing since Hawaii adopted the first 100% renewable mandate in 2015.
Read the full news alert here. –Authors: Eric Christensen, Hilary Jacobs, Rachel Roberts
June 16, 2021
Oregon Increases Access to Historical Insurance Assets for Cleanup Liabilities
On June 11, 2021, Oregon Governor Kate Brown signed a law, HB 2377, intended to make the insurance policies of dissolved Oregon corporations and limited liability companies available to fund contaminated site cleanups. The law creates an exception to a five-year period for filing claims against these entities if the claims can be satisfied partly or fully by insurance assets. The law will go into effect in September 2021.
Read the full article here. –Authors: Susan Smith, Nicole Weinstein, Eric Christensen, Rachel Roberts, Gus Winkes
May 4, 2021
Oregon Adopts a Significantly Modified (and Legally Vulnerable) Industrial Stormwater General Permit
Oregon Department of Environmental Quality’s (DEQ’s) policy and rulemaking board adopted rules renewing Oregon’s National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge General Permit No. 1200-Z (1200-Z General Permit), which regulates industrial stormwater discharges to waters of the state. nder the rules, the new 1200-Z General Permit will take effect July 1, 2021, superseding the current 1200-Z General Permit issued in October 2018.
Read the full article here. –Authors: Richard Davis, Erika Spanton, Allyn Stern, Tim Sullivan
January 28, 2021
Oregon Seeks to Modernize its Recycling Program
The Oregon legislature is considering House Bill 2065 (Bill or HB 2065), a bill designed to restructure Oregon’s recycling system. The Bill is the result of the Oregon Recycling Steering Committee, a collaborative process to address Oregon’s recycling issues. HB 2065 seeks to overhaul Oregon’s recycling system and shift some of the recycling responsibility onto producers and manufacturers. If passed, Oregon’s recycling program could significantly change the way manufacturers and producers package their products.
Read the full article here. –Authors: Allyn Stern, Kirstin Gruver
