Important Ruling in NEDC vs. Owens Corning

On May 17, federal Magistrate Judge John Jelderks denied Owens Corning’s motion to dismiss a lawsuit against it, ruling in Plaintiffs’ favor on every issue. Owens Corning had moved to dismiss the case, arguing among other things that the Plaintiffs lacked standing to bring suit based on injuries that could result from the facility’s emission of HCFC 142b, a potent greenhouse gas and ozone-depleting substance. In it's May 17th ruling, the court ruled that the Plaintiffs had standing to sue for these global problems.

Dismissing arguments made by the company's law firm Perkins Coie, the court made clear that if Defendant's tenuous theory that harm to all is harm to none was correct, then no person could challenge harm "to the Grand Canyon or Yellowstone National Park, or threats to the giant sequoias and blue whales, as the loss of those treasures would be felt by everyone."

The court’s ruling is an important legal precedent for citizen groups bringing litigation related to climate change and ozone-depletion. Thanks yet again to our outstanding attorneys at PEAC.

Company Seeks to Emit Harmful Greenhouse Gas in Oregon

Owens Corning began constructing a polystyrene foam board insulation plant in Gresham without first gaining approval for the plant under the Clean Air Act. If operational, the plant is expected to emit approximately 250 tons per year of HCFC-142b, an extremely potent greenhouse gas and ozone-depleting substance. This is roughly the equivalent of adding 100,000 new cars per year to Portland, the equivalent of one million tons per year of carbon dioxide emissions, and the equivalent of the emissions from a 100 mega-watt coal-burning power plant operating around the clock!

History:

Owens Corning initially sought permission from the DEQ to operate a plant that would emit 283 tons per year of HCFC-142b. Under the Clean Air Act, Owens Corning is prohibited from beginning construction without a required permit. Despite this prohibition, Owens Corning began constructing its facility without the required permit and in violation of federal law. Concerned about the adequacy of the review process, the ongoing construction, and the ultimate emissions, NEDC, the Sierra Club and the Oregon Center for Environmental Health immediately filed suit to stop the construction

The Impacts of Global Warming on the Pacific Northwest

Considerable research on the potential effects of global warming on the Pacific Northwest has already been completed. To learn more, see our Summary: Regional Impacts of Global Warming.