Appeals Court Rules in Favor of Environmental Advocates in Zenith Energy Lawsuit

"A lawsuit environmental advocates filed against the city of Portland after it issued a land use credential to Zenith Energy will be heard in a specialized administrative court, after a state appeals court returned the case. Environmental advocates say the court's decision is a win because the case will be heard by a board of attorneys with a better understanding of the complex legal framework around state land use law."

"The Oregon Court of Appeals on November 13 reversed a Land Use Board of Appeals (LUBA) order issued June 5, in a legal claim brought against the city over its permitting approval process for Zenith. LUBA previously ruled that it should not hear the case. It said the lawsuit should instead move to Multnomah County Circuit Court because the city's approval of a land use credential for Zenith Energy was an administrative decision, not a land use decision."

"Environmental advocates have been concerned for years that the location and the explosive products stored there-and transported by rail across the city-endanger Portlanders, wildlife on the Willamette River and Forest Park, and violate treaties with local tribes. Zenith has also flouted state and local policy in the past by failing to pay franchise fees on time and expanding the amount of fuels it transports despite promising it would not do so."

Environmental advocates filed a lawsuit after Portland issued a land use credential to Zenith Energy. The Oregon Court of Appeals reversed a LUBA order that had sent the claim to Multnomah County Circuit Court and returned the case to LUBA for hearing. The city must provide a record of events and meeting notes related to Zenith. LUBA could require the city to restart the approval with a more public process to determine whether to approve a Land Use Compatibility Statement (LUCS). Zenith needs the LUCS to operate legally and to maintain a state air permit. Advocates cite safety risks, treaty concerns, and past regulatory violations tied to Zenith's operations.

Read at Portland Mercury