Portland City Government Silent in Response to Community Demands for Public Involvement in Zenith Energy Permitting

Portland communities are still waiting for a response two weeks after 20 local groups submitted a letter outlining concerns over City’s recent approval of Zenith Energy’s permit

Portland, Oregon – On November 1, 2022, community, conservation, and environmental justice groups in the Portland area submitted a coalition letter to Portland Commissioner Dan Ryan expressing concern regarding the City’s recent approval of a new Land Use Compatibility Statement (LUCS) for Zenith Energy’s crude oil storage and transfer facility. Over two weeks later, advocates have received no acknowledgement of or response from the City to this letter.

Josie Moberg, Climate Justice Movement Legal Fellow with Breach Collective, said: 

“Commissioner Ryan and the other city officials disrespected their constituents by unilaterally approving Zenith’s application, and they’re adding salt to the wound by denying us any public process around the issue. Luckily this is Portland and if our city government won’t give us a public hearing, we’ll organize one ourselves. We hope to see Commissioner Ryan and any other city official who wants to right this wrong at next week’s Rumble on the River community forum.”

The City’s lack of public involvement was the first issue that the advocates addressed in the letter. Portland’s approval of the Zenith LUCS application is a “quasi-judicial” process that entitles the community to public involvement under the law. Community advocates also expressed skepticism that Zenith’s operations - specifically their oil storage and transfer facilities - are consistent with the City’s Comprehensive Plan. 

After the City denied Zenith’sLUCS application in August 2021, Commissioner Dan Ryan was quoted as saying “It is time to stop kicking our declarations down the road of intention - and start acting with the urgency needed at this critical time in history.” Commissioner Ryan specifically identified a lack of tribal outreach as one rationale for the LUCS denial.  However, there is no evidence that the city engaged in tribal outreach or consultation before rapidly approving Zenith’s most recent LUCS application, extending its permission to transport and store dangerous and flammable fuels, including crude oil, for at least five more years.

Kate Murphy, community organizer with Columbia Riverkeeper, said: 

“Since Zenith's arrival in Portland, there has been massive community opposition to dangerous oil trains plowing through our neighborhoods and polluting our environment. The City's decision to quietly approve five more years of deadly oil trains without warning or public input is a serious breach of public trust. We are fighting for a clean, safe future and we expect our elected officials to join us in prioritizing public health and safety over industry profits."

Ben Stevenson, organizer with Sunrise PDX said: 

“Dan Ryan and the Bureau of Development Services did a complete reversal of their August 2021 LUCS denial. This time, they ignored the enormous safety concerns of crude oil transport and storage, failed to prioritize tribal outreach, and rushed the decision without opportunity for the public to weigh in. Ryan chose polluters over his constituents and the environment.”

The coalition letter submitted to the City noted that under state administrative rules, local governments may withdraw or modify LUCS any time prior to the issuance of the state permit. 

Laurie King, long-time labor and environmental activist, Jobs with Justice & Climate Jobs, said:

“I live across the Willamette River from Zenith. My safety is at risk every day Dan Ryan lets this dangerous facility operate. In the name of all neighbors who live near the river or along train tracks carrying fossil fuels, I demand that he rescind the Land Use Compatibility Statement and hold a public hearing on whether Zenith’s activities are consistent with local laws.”

Samantha Hernandez, Climate Justice Organizer with Oregon Physicians for Social Responsibility, said:

“This decision by the City of Portland completely disregards the health and safety of frontline communities that are most vulnerable to the health impacts of traffic-related air pollution and potential explosive train derailments."

Dineen O’Rourke, Campaign Manager with 350PDX, said:

“For over four years, thousands of community members have been fighting Zenith Energy’s crude oil facility everywhere from the streets, the river and train tracks, to the courtrooms and City Hall. The fact that Commissioner Ryan and the Bureau of Development Services made this decision without any public input in an egregious abuse of power. Portlanders have made it clear that we don’t want Zenith Energy operating in our City.”

In response to the City’s refusal to involve the public in this decision, local organizations have co-sponsored a series of free community-driven forums on the topic. This series, titled “Rumble on the River”, serves to educate and activate around the threats to public health, safety, and our environment, stemming from Zenith Energy’s oil-by-rail operations and the Critical Energy Infrastructure (CEI) Hub in general. The First Rumble on the River Forum was on October 13th, and the Second Rumble on the River Forum will be held Wednesday evening, November 16th, in SW Portland. 

Margaret Butler, coordinating team, Extinction Rebellion Portland, said:

“Commissioner Ryan is trying to dodge and ignore the tens of thousands of Portlanders who are advocating for safety and sensible climate policy, which includes shutting Zenith down. We demand he attend the upcoming Rumble on the River Forum and hear directly from this community.”

John Sellers, founder of the Mosquito Fleet, said: 

“Clearly, Dan Ryan thought he'd be able to hide from Portlanders until 2024. We will never forget how he excluded community voices from his backroom deal with Zenith. He'll face consequences for his dark deal with Big Oil way before the next election."

Coalition letter organizations include Breach Collective, Extinction Rebellion PDX, 350 PDX, Families for Climate, Sunrise Movement PDX, Portland Harbor Community Coalition, Neighbors for Clean Air, Oregon Physicians for Social Responsibility, Columbia Riverkeeper, Sierra Club Oregon Chapter, Braided River Campaign, EcoFaith Recovery, Portland Audubon, Oregon Conservancy Foundation, Linnton Neighborhood Association, Willamette Riverkeeper, Cedar Action, Portland Jobs with Justice, Portland Youth Climate Council, and Northwest Environmental Defense Center.