Corrected 9/28/21, 2 p.m. MDT, to clarify that the Climate Protection Program was not directly created by executive order; and that it is unclear how passage of HB 2021 will affect it.


PORTLAND, Ore. -- Draft rules are out for a program designed to confront climate change in Oregon, and advocates say now is the time for concerned citizens to get involved if they want meaningful change.

The Climate Protection Program was the Oregon Department of Environmental Quality's (DEQ) answer to an executive order by Gov. Kate Brown in 2020.

Priya Judge, coalition coordinator for Power Past Fracked Gas, said there are flaws in the program's draft rules, noting the DEQ would not regulate the state's biggest carbon emitters.

"That is basically happening under the umbrella of exemptions on the entire electric sector in Oregon, which includes the top six stationary polluters of fracked-gas power plants," Judge asserted.

Judge pointed out those plants are a major source of carbon emissions in the state. The DEQ is holding its final public hearing on the draft rules online at 4:00 p.m. Thursday. The agency is accepting public comment through next Monday.

The Climate Protection Program also establishes a Community Climate Investment (CCI) fund, which allows emitters to earn credits by contributing to groups aiming to cut emissions.

Haley Case-Scott, climate justice grassroots organizer for Beyond Toxics, said the concern is that there are not sufficient protections or "sideboards" to ensure front-line communities actually benefit from the program. She said if an emitter can't meet their one-ton reduction goal, for example, then they can use the Community Climate Investment fund to replace their reduction.

"So they're not necessarily reducing their emissions." Case-Scott said. "They're using that credit to invest into 'an environmental justice community or project.' And so that's supposed to be considered a one-to-one match, but it's not really clear to me how they're actually reducing greenhouse gases."

Case-Scott added the DEQ should require the program to achieve a one-to-one or greater emissions reduction.

Alan Journet, co-facilitator for Southern Oregon Climate Action Now, said rural communities are feeling the effects of climate change, such as from wildfires. He is frustrated carbon sequestration was taken out of the final offset program in the draft rules.

But Journet believes the biggest shortfall is the program does not address the full array of emissions.

"The problem, then, is even when they claim that they're going to reduce those less-than-50% of the emissions substantially, there's still half of the emissions from the state that are not even covered," Journet stated.

The Climate Protection Program aims to cut emissions to at least 80% below 1990 levels by 2050. It isn't clear how legislation passed in Oregon this year -- requiring all electricity sold in the state to be clean by 2040 -- will affect the program.

Although President Joe Biden has signed the Inflation Reduction Act into law, many are hoping he will declare a climate emergency to provide further funding. It would allow for additional provisions to fight the effects of climate change and reduce fossil-fuel usage in the U.S.

New York State has been seeing the effects of climate change firsthand since 45 counties, or three quarters of the state, are currently under a drought watch. Although this is the mildest of the four drought advisories, there are concerns climate change might only exacerbate future drought conditions in the state.

Dominic Frongillo, executive director of Elected Officials to Protect America, believes declaring a climate emergency is a major necessity.

"What declaring a climate emergency will allow President Biden to do is to halt crude exports for crude oil, stop offshore oil and gas drilling, restrict international investment in fossil fuels, and to be able to accelerate the manufacturing and the homegrown jobs here in the United States in an investment to ramp up renewable-energy production," Frongillo outlined.

Currently, 1,000 elected officials across the U.S. have signed a letter urging a climate emergency be declared. A bill was introduced in the U.S. House of Representatives in 2021, asking President Biden to declare a climate emergency, but has been languishing in committee.

While the Inflation Reduction Act is one of the largest investments in fighting climate change, Frongillo feels the shortfalls cancel out the benefits. One instance he cited is how investment in fossil fuels can continue despite moving to renewable energy. He sees the bill as a great success but believes it helps oil and gas companies too much.

"By opening up public lands for leasing, and because the fossil-fuel industry is primarily responsible for the climate crisis, is driving the climate crisis; we need a clear and strong plan to get America off fossil fuels, to lead the world in phasing out fossil fuels," Frongillo urged.

Frongillo is optimistic about the new law being a catalyst for a bigger leap to renewable resources. However, without Biden declaring a climate emergency, he feels the U.S. might not reach its goal of reducing carbon emissions by 50%.

A federal court's decision to require the Department of Interior to consider the potential health and climate impacts of coal mining on public lands could finally give sovereign tribes in Wyoming a seat at the table.

Connie Wilbert, director of the Sierra Club Wyoming Chapter, said until now, federal agencies just paid lip service to concerns raised by tribes about impacts to drinking water, air quality and their way of life.

"This is a big step towards requiring much more serious consideration and full disclosure of all of the impacts that coal leasing on federal land will have on tribes," Wilbert contended.

Coal industry groups warned the decision would put a question mark on future plans. The ruling reinstates a moratorium on federal coal leasing established under the Obama administration, a pause intended to give agencies time to investigate the cumulative impacts of coal mining. The moratorium has been opposed by industry groups and state officials concerned about possible lost jobs and tax revenues.

Wilbert argued getting off coal will be far less expensive than the financial and human costs brought on by more frequent and intense wildfires, floods and prolonged drought. She believes the way to help workers and communities dependent on the fossil-fuel industry is not to pretend climate change is not happening.

"It's to find ways to change our economy, our economic activity in this state and other states, in ways that aren't so harmful to us all," Wilbert asserted.

Coal operators hold enough leases to continue mining through the next decade, but according to a 2021 analysis, 90% of coal must remain in the ground in order to avert the worst-case projections of leading scientists.

Wilbert emphasized recent court rulings, along with passage of the Inflation Reduction Act in Congress to boost clean energy production, makes it obvious the age of coal is coming to an end.

"We have to stop using fossil fuels as an energy source as quickly as we can to avert the worst of climate change," Wilbert stressed. "We don't need to start 10 years from now, we need to start today."

Congress has passed legislation making the largest investment in clean energy in U.S. history.

It has grassroots organizations like Northern Plains Resource Council ecstatic.

Joanie Kresich, board chair of the Council, which represents family agriculture in Montana, said the Inflation Reduction Act is historic for the groups pushing for action on climate change.

"We've never wavered from a vision for a clean energy future, and we feel that vision is within reach now," Kresich asserted. "It's really exciting: Finally, after decades of hope, to have real legislation that's going to help us do what we need to do."

The bill the U.S. House passed over the weekend was slimmed down, compared to earlier versions of the legislation. But it still includes $370 billion for clean-energy programs and is estimated to reduce greenhouse-gas emissions by 40% by 2030. The bill passed along party lines, with Republicans saying it only expands the deficit and size of government.

Kresich noted the legislation also invests in farmers and ranchers. She pointed out they are on the front lines of climate change and depend on a reliable climate for their work.

"Now we're going to get some really significant federal help, and that's really exciting," Kresich emphasized.

Kresich stressed the changing climate is affecting Montana, and pointed to the recent flooding on the Yellowstone River, which destroyed houses in places like Livingston.

"The kind of damage that happened is a reminder of why we're doing this," Kresich explained. "Why we're trying to make this transition to a clean-energy future."