Oregon Land Use Board of Appeals Rules Portland Has Authority to Deny Zenith Oil Storage Facility Permits; Must Make Additional Findings
FOR IMMEDIATE RELEASE
Feb. 3, 2022
Contacts:
Nick Caleb, Breach Collective, 541-891-6761, nick@breachcollective.org
Erin Saylor, Columbia Riverkeeper, 541-399-4775, erin@columbiariverkeeper.org
Travis Williams, Willamette Riverkeeper, 503-890-1683, travis@willametteriverkeeper.org
[Portland, OR] Today, the Oregon Land Use Board of Appeals (“LUBA”) ruled that the City of Portland has the authority to deny Zenith’s application for a Land Use Compatibility Statement (“LUCS”), but found that the City must make additional findings in support of its decision. Zenith — which owns and operates an oil-by-rail storage and transfer facility in NW Portland — was required to seek a LUCS from the City in connection with its application to the Oregon Department of Environmental Quality (“DEQ”) for a renewal of its Title V air permit. The City’s denial of the LUCS led DEQ to deny Zenith’s renewal application and without an air quality permit, Zenith must shut down its current operations. Portland residents and environmental and community advocacy organizations will now turn toward making sure the City of Portland makes adequate additional findings in support of its decision and that Oregon DEQ’s rejection of Zenith’s air permit renewal request stands.
Oregon State Representative Khanh Pham (HD 46) said:
“The City of Portland did the right thing when it denied Zenith Energy’s application to continue bringing dangerous fossil fuels through our neighborhoods. The City should continue to uphold its commitments to climate justice and continue the fight until dangerous fossil fuels are no longer being transported through our community. I will continue to lend support to the hard work of advocates and community members who will not give up on Portland’s commitment to climate justice.”
With this decision, LUBA concluded that the City of Portland correctly exercised its authority in denying Zenith’s LUCS, but must make additional findings to support its conclusion.
Erin Saylor, Staff Attorney at Columbia Riverkeeper said:
“This decision sends a clear message that cities and counties are not powerless in the face of expanding fossil fuel projects. We applaud the City of Portland for taking a stand against Zenith’s dangerous and dirty operation, and celebrate LUBA’s affirmation of the City’s legal right to take that stand.”
Nick Caleb, Climate and Energy Attorney with Breach Collective said:
“This decision is a significant victory for Portlanders and makes it clear that large fossil fuel corporations cannot expose Portland’s residents and environment to unreasonable risks and expect their projects to be rubber stamped by local governments. Zenith’s operations are clearly incompatible with Portland’s comprehensive plan and land use laws.”
Travis Williams, Executive Director and Riverkeeper at Willamette Riverkeeper, said:
“The City’s denial of the LUCS and reliance on its Comprehensive Plan was a clear rejection of the path the fossil fuel industry keeps pushing for. We are pleased that LUBA recognized the City’s obligations to follow the Comprehensive Plan, which includes protections against climate change. We look forward to the City’s additional findings, which we believe can only further support the health and welfare of the Willamette River.”
Samantha Hernandez, Climate Justice Organizer, Oregon Physicians for Social Responsibility (OPSR)
“Zenith Energy’s operations are simply not consistent with land use laws. Zenith Energy is a huge emitter of fossil fuel emissions, especially in recent years. The oil by rail facility has increased their throughput by nearly 17 fold, in turn increasing emissions coming from the Zenith facility. The city needs to prioritize the health and safety of frontline communities who are most vulnerable to the health impacts of traffic-related air pollution, noise pollution, and potential explosive train derailments.”
Dineen O’Rourke, Campaign Manager, 350PDX
“Zenith Energy’s crude oil facility in NW Portland continues to put communities, our river, and our climate at risk. We applaud the Oregon Land Use Board of Appeals for upholding the City of Portland’s decision, but we continue to push for more. The reasons why Zenith’s operations are incompatible with our City’s land use laws are clear. Waiting for more studies just delays action. We won’t give up until Zenith Energy no longer operates in our community.”
Columbia Riverkeeper and Willamette Riverkeeper intervened in the LUBA case, represented by Crag Law Center.
Link to the decision here.
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