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COLUMBIA PACIFIC BLDG. v. CITY OF PORTLAND

A165618.

412 P.3d 258 (2018)

289 Or. App. 739

COLUMBIA PACIFIC BUILDING TRADES COUNCIL, Portland Business Alliance, Western States Petroleum Association, and Working Waterfront Coalition, Respondents, v. CITY OF PORTLAND, Respondent-below, and Columbia Riverkeeper, Oregon Physicians for Social Responsibility, Portland Audubon Society, and Center for Sustainable Economy, Petitioners. Columbia Pacific Building Trades Council, Portland Business Alliance, Western States Petroleum Association, Respondents, and Working Waterfront Coalition, Intervenor-Petitioner below, v. City of Portland, Petitioner, and Columbia Riverkeeper, Oregon Physicians for Social Responsibility, Portland Audubon Society, and Center for Sustainable Economy, Intervenors-Respondents below.

Court of Appeals of Oregon.

January 4, 2018.

Attorney(s) appearing for the Case

Maura C. Fahey , Portland, argued the cause for petitioners Columbia Riverkeeper, Oregon Physicians for Social Responsibility, Portland Audubon Society, and Center for Sustainable Economy. With her on the brief were Scott Hilgenberg and Crag Law Center.

Denis M. Vannier argued the cause for petitioner City of Portland. With him on the brief were Linly F. Rees , Maja K. Haium , and Lauren A. King.

Bruce L. Campbell and William L. Rasmussen argued the cause for respondents Columbia Pacific Building Trades Council, Portland Business Alliance, and Western States Petroleum Association. With them on the brief were Steven G. Liday and Miller Nash Graham & Dunn LLP.

No appearance for respondent Working Waterfront Coalition.

Harry Auerbach and Philip Thoennes filed the brief amicus curiae for League of Oregon Cities.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

In this review of an order by the Land Use Board of Appeals (LUBA), we first consider whether certain zoning code amendments enacted by the City of Portland violate the dormant Commerce Clause of the United States Constitution. The amendments were designed to stop the expansion of existing fossil-fuel terminals and limit the size of some...

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