ELR Citation: 54 ELR 20031
No(s). 3:23-cv-00219-YY (D. Or. Feb 26, 2024) (You, J.)

A magistrate judge recommended that a challenge to the city of Portland's amendments to its land use code imposing certain limits on the construction of new or expanded bulk fossil fuel terminals be dismissed. The state of Montana and fuel industry trade groups argued the amendments violated the dormant Commerce Clause, the Foreign Commerce Clause, and the Due Process Clause. Portland moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. The judge found one plaintiff had standing based on its alleged loss of property value caused by the amendments, and recommended the motion to dismiss for lack of subject matter jurisdiction be denied. But she recommended that the motion be granted for failure to state a claim because the amendments did not discriminate against interstate commerce, were not displaced or preempted by the Foreign Commerce Clause or other federal law, and did not violate plaintiffs' substantive due process rights.