The Multnomah County Board of Commissioners sent a Dec. 7 letter asking Oregon Department of Environmental Quality, or DEQ, to deny Zenith Energy a key permit
Zenith Energy is seeking an Air Contaminant Discharge Permit, or ACDP, from DEQ, allowing it to continue its operations at the Critical Energy Infrastructure Hub, which holds 90% of the state’s liquid fuels at the edge of Forest Park and on the banks of the Willamette River.
Four of Multnomah County’s five commissioners signed the letter, citing prior concerns about Zenith’s efforts to obtain a Land Use Compatibility Statement, or LUCS. The city of Portland granted the LUCS in October 2022 — a stamp of approval necessary to apply for an ACDP from DEQ.
Commissioner Julia Brim-Edwards was the only county commissioner who did not sign the Dec. 7 letter, saying she was not part of the years-long and extensive discussions around Zenith.
“She plans on asking DEQ to release plans to the community that address the concerns the county and others have been raising,” Michelle Rogelstad, Brim-Edwards budget and policy director, said.
The letter said a state administrative code giving DEQ authority to deny an ACDP in the event a local government’s LUCS process “may not be legally sufficient” and the dangers the facility poses “warrant a rejection of the permit.”
“The Multnomah Board of County Commissioners has strongly opposed this facility and other oil
by rail transfer facilities because of the dangers they pose to our community,” the letter continued. “(DEQ Director Leah Feldon) and the agency have the authority to reject this permit and we ask you to do so.”
Public records revealed city officials met with Zenith staff and its PR firm Pac/West for months while the parties were in an ongoing legal battle over the previously denied LUCS, Street Roots reported in August. The city ultimately approved the LUCS despite ongoing litigation, and a state land use board ruled the city was legally allowed to deny the LUCS just days after the city already reversed its decision.
The Portland City Auditor's Office opened an investigation into Zenith for potential lobbying violations in September.
DEQ asserts the city has the sole authority to make land use decisions.
"We don't typically get a lot of insight," Lauren Wirtis, DEQ communications manager, told Street Roots in November. "We get an approval document or a denial, and then we just move to the next step. But cities are the ones that have the authority to say whether or not something can happen."
Oregon law gives DEQ authority to deny the permit if it finds a local LUCS process was legally insufficient. Environmental nonprofit Breach Collective sent a letter to DEQ on Aug. 21 outlining the specific legal tool DEQ can wield.
"Pursuant to Or. Admin. R. 340-018-0050(2)(a)(C), if DEQ 'concludes a local government LUCS review and determination may not be legally sufficient, the Department may deny the permit application and provide notice to the applicant,'" the Aug. 21 Breach Collective letter said.
The Dec. 7 letter from Multnomah County said the board agreed with advocates’ characterization of DEQ’s authority and the need to act.
“We encourage you to act with the boldness that the moment deserves,” the letter said.
A coalition of 34 environmental advocates, led by Breach Collective, previously signed another letter asking DEQ to use its legal authority to reassess the legal sufficiency of the LUCS on Nov. 14.
Nick Caleb, Breach Collective climate and energy attorney, said the letter to DEQ presented clear evidence the city of Portland failed to apply its own processes to the Zenith decision, but the agency maintained the LUCS is outside its purview.
“The response from the agency was to first ignore us and then to try to pass the buck,” Caleb said. “The public deserves accountability. Gov. Kotek and the DEQ have a duty to ensure it.”
Advocates also applied pressure at the state level beyond letter writing.
Last month, over 50 people gathered at the Portland DEQ office, demonstrating and providing public testimony to the state’s Environmental Quality Commission.
The Environmental Quality Commission is a five-member panel appointed by the governor, serving as the policy and rulemaking board for DEQ, according to its website. Advocates hope their testimony will pressure the Environmental Quality Commission to force DEQ to reassess the city's permit process. Advocates want Kotek to join Multnomah County to ensure DEQ uses its authority to stop Zenith in its tracks.
“The governor instructed her team to monitor DEQ’s review of the permit application and land use compatibility statement,” Anca Matica, Kotek's press secretary, said in November.
Zenith and the city did not respond to Street Roots’ request for comment.
Youth Advocate Niomi Markel, Youth Climate Strike logistics lead, said if the permit is approved, it will give Zenith unfettered freedom to continue operating despite the dangers of train derailments, explosions or spills in the event of an earthquake.
"No corner of this country is safe from the terror of fossil fuels," Markel said as organizers wrote messages with sidewalk chalk in the DEQ courtyard Nov. 17. "I dream of a day when Portland can actually be considered a climate refuge, and that won't happen if this permit is approved and we continue to expand fossil fuel infrastructure in the city."
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