Portland Residents and Organizations Sue City of Portland over Zenith Energy
350PDX, Northwest Environmental Defense Center, Willamette Riverkeeper, and 18 Portland residents argue that the City’s decision was the result of flawed process that prevented public involvement
Portland, Oregon - Today, 350PDX, the Northwest Environmental Defense Center (NEDC), Willamette Riverkeeper, and 18 Portland residents submitted a Notice of Intent to Appeal the City of Portland’s February 3 approval of a Land Use Compatibility Statement (LUCS) for Zenith Energy, which gave the Texas-based fossil fuel company a green light to expand its operations in Portland. The parties seek a ruling from the Land Use Board of Appeals that the LUCS process was flawed because it failed to provide for any public involvement, and an order to remand the decision back to the City for a lawful public process. The plaintiffs are represented by Jesse Buss of Willamette Law Group, P.C.
On December 5, 2024, the Oregon Department of Environmental Quality (DEQ) issued a $372,600 fine to Zenith Energy for unauthorized construction, modification, and use of a leased dock, and required Zenith to obtain a new LUCS from the City of Portland before the agency will consider a new air permit. The City granted a new LUCS on February 3 in spite of the objections of thousands of Portlanders – including many who live near the facility – and only days after Portland City Councilors introduced a resolution calling for an investigation of Zenith and to “pause any administrative actions … related to Zenith pending the results of investigations[.]”
Dineen Crowe from 350PDX said,
“Portlanders, including 350PDX, worked hard to make Portland more transparent, accountable, and democratic when we enacted city charter reform. Unfortunately, Mayor Wilson and his City Administrators chose to continue a problematic pattern of backroom dealing with Zenith Energy and ignored calls from the new City Council, tribal entities, and thousands of Portland residents to slow down and allow public participation. Enough is enough!”
Mary Stites from the Northwest Environmental Defense Center said,
“Zenith Energy has repeatedly flouted the law since coming to Portland. Their facility threatens nearby residents, waterways, Forest Park, and tribal treaty resources, and the trains that transport hazardous liquid fuels for Zenith endanger communities throughout the region. So-called “renewable fuels” are not a solution to the climate crisis and are no safer for Portland residents in the blast zone. Portland deserves investments in real clean energy technologies instead of greenwashed false solutions that threaten our communities.”
Nancy Hiser, a resident of the Linnton Neighborhood, whose area includes Zenith said,
“Zenith Energy threatens our health and safety with rail cars passing through our neighborhoods and Zenith plans for massive expansion. Our fears are that earthquakes, wildfires, oil spills can trigger an unimaginable catastrophe. Community rights to a transparent public process are critical in a decision that increases risks to life, safety, health, and the environment.”
Lindsey Hutchison of Willamette Riverkeeper, said,
“The City of Portland understands the enormous risks that liquid fuel storage and transloading poses to the Willamette River and nearby Forest Park. It is unconscionable that the City knowingly adds to these risks by continuing to approve new and expanded operations that create a ticking time bomb for our river.”
Thousands of community members and dozens of organizations called on City of Portland officials to deny Zenith’s LUCS application. On January 21, 2025, the City Council held a work session and a listening session on Zenith’s operations. After the January 21st work session, advocates from 350PDX sent a letter to the City, fact checking claims made by staff and Zenith.
In October 2024, polling from Data Progress showed that nearly half of Portlanders support revoking Zenith Energy’s LUCS and shutting down the oil-by-rail facility entirely while 58% of likely voters do not trust Zenith to follow through on its purported “renewable fuels” plans. This polling was conducted prior to DEQ’s $372,600 fine for Zenith’s illegal construction, modification, and use of a leased dock.
Media Contacts:
Mary Stites, Northwest Environmental Defense Center, 512-739-0116, mary@nedc.org
Dineen Crowe, 350PDX, 631-830-7478, dineen@350pdx.org
Lindsey Hutchison, Willamette Riverkeeper, 831-818-4129, lindsey@willametteriverkeeper.org
