By Nancy Hiser
Texas corporation Zenith Energy bought an old asphalt /crude oil terminal on Front Avenue off Kittridge in 2017, then quickly began shipping Canadian tar sands oil and intensified their operations–without ever getting the required permits. The state fined them for “flagrant” conduct for building without permits. After Zenith assured regulators they wouldn’t increase the volume of transported oil, they massively increased it. Can their promises be trusted in view of their record?
Portland denied Zenith a Land Use Compatibility Statement (LUCS) in August 2021 citing Zenith was not complying with the City Comprehensive Plan to reduce carbon emissions, address the climate emergency, and oppose oil trains. This stopped DEQ from approving a required air quality permit but Zenith began a lengthy appeal process, during which they continued to operate. The Oregon Land Use Board of Appeals (LUBA) ruled against Zenith. At the next appeal level, the Oregon Court of Appeals affirmed the City’s denial. The final appeal stop—the Oregon Supreme Court—was to rule if they would accept the case in early October.
In September, Zenith reapplied for a LUCS, promising they would phase out crude oil and be fully committed to renewables in five years. On October 3, the City approved the LUCS—with no expert testimony or public comment—giving Zenith 5 more years. Defending the decision, City Commissioner Ryan said, “This decision is a strong signal to industry that Portland will work with partners towards cleaner air and less dependence on fossil fuels.” Environmental attorney Nick Caleb with Breach Collective stated: “The city fast-tracked this decision without any community involvement and with full knowledge of how many residents and elected officials spoke out against Zenith’s operations last Fall.”
Next, DEQ will evaluate Zenith’s air permit application and include a public comment period. Zenith does not employ many workers here, the fuel is not sold in Oregon, and their profits go to Texas. Here, we get hundreds of tank cars filled with fuel and the resulting toxic air emissions when fuels are transferred. Should the public’s voice be heard?