Call to Action: Contact Commissioner Rubio's Office Today About Zenith Energy's Threat to Portland & Climate Change
Commissioner Rubio was assigned the Bureau of Development Services and has an opportunity to withdraw the Land Use Compatibility Statement approved by former Commissioner in Charge, Dan Ryan
Dear Readers,
I was so disappointed to hear that Commissioner Ryan, who oversaw the Bureau of Development Services (BDS), approved Zenith Energy’s Land Use Compatibility Statement (LUCS) late last year after the City—including BDS, the City Attorney, and all five members of Council—had steadfastly resisted all efforts by Zenith since 2017.
Zenith’s latest application detailed a plan to “immediately reduce” its crude oil storage and a complete phase-out of fossil fuels and transition to renewable fuels over the next five years to align with Portland’s climate policies. It may be that Portland leaders didn’t feel they had legal standing to oppose Zenith's revised application. However, many local environmental advocates and community members have questions and concerns that remain unanswered and are unhappy with how this about-face by the City of Portland was handled.
Oregon-based climate justice advocacy group—Breach Collective—is calling on Portlanders to contact Commissioner Rubio’s office and ask that she:
Meet with environmental & community organizations
Withdraw approval of Zenith’s LUCS permit
Hold a public hearing & take evidence
Email or call Commissioner Rubio’s office and join thousands of concerned community members opposing Zenith:
Phone: 503-823-3008
Keep reading for crude oil facts, a terminal timeline, questions City Council needs to answer, bonus reading and viewing, and local climate justice organizations to support!
Stay Vigilant,
Chloe
Wonk Out
Community Concerns
Taken from a July 2021 Letter from 46 Portland-based Neighborhood Organizations and still 100% valid despite Zenith’s new phase-out plan
The crude oil that Zenith transports is either strip-mined and melted from the bitumen of the Alberta Tar Sands or fracked from the Bakken shale formations under North Dakota.
Zenith Energy’s transport of oil-by-rail poses immense risks to the community and the environment, from emissions, accidents, potential spills, fires, and explosions.
The quantity of this especially toxic crude oil that Zenith brought through Portland was eleven times higher in 2019 than in 2018 and significantly increased again in 2020—resulting in an annual increase of over 200 million gallons in just two years.
In addition to other known risks, diesel exhaust from these unit oil trains — typically 110 tank cars — contains more than forty hazardous pollutants that cause extreme air particulate and noxious pollution as they are openly vented, posing additional health threats to the communities along the tracks.
Loading Tar Sands and Bakken crude oil onto marine tankers poses unique risks to the Willamette and Columbia Rivers from spills or leaks. This endangers the health of the river, salmon, and other marine life.
The decisions made in Portland have direct impacts on the upstream and downstream harm caused by these operations.
Additionally, Zenith’s terminal is in NW Portland’s aging Critical Energy Infrastructure (CEI) Hub, an industrial agglomeration built predominantly on sandy and filler soils guaranteed to liquefy when the Cascadia Subduction Zone fractures again or another earthquake strikes. A huge percentage of the fuel and chemical plants in CEI Hub will rupture; many will burn and release toxic fumes across the region.
The company expanded its crude oil processing and transfer terminal in NW Portland without first getting the necessary permits to function legally. They also have been operating on an expired Title V Air Emissions permit.
The City of Portland’s Climate Action Plan acknowledges the need to dramatically reduce greenhouse gas emissions to mitigate the effects of climate change.
Approving Zenith oil-by-rail in our community violates our Climate Action Plan at a time when the importance of a clean transition to renewable fuels is more urgent every day.
The extraction, shipping, and transfer of Tar Sands and Bakken crude oil are some of the worst contributors to greenhouse gas emissions.
Terminal Timeline
Hats off to Oregon Public Broadcasting for their thorough coverage of Portland’s Zenith Oil Terminal saga!
1947 to present: From Zenith Energy: A Relic of the Past by Kate Murphy, “The site has operated as a petroleum products storage terminal since 1947. The 39-acre site has 84 tanks with a total storage capacity of 1,518,200 barrels.” (Columbia Riverkeeper)
February 14, 2014: Crude Oil Terminal Planned In NW Portland (OPB) “A national fuel storage company has plans to turn an asphalt plant near the Willamette River into a rail and marine terminal for crude oil.” The new owners are Arc Logistics. They submitted and received approval for an expansion plan prior to the City of Portland amending its zoning codes related to fossil fuel terminals in December 2016.
August 30th, 2014: Climate justice activists organized by Portland Rising Tide temporarily shut down Arc Logistics. One arrest is made.
September 22, 2014: Arc Logistics Portland Oil Terminal (Portland Rising Tide) This post explains how Arc Logistics was able to begin operation and construction with no meaningful public input or regulatory proceedings.
December 15, 2016: Portland Bans New Fossil Fuel Infrastructure in Stand Against Climate Change (Inside Climate News)
December 2017: Zenith Oil acquires Arc Logistics
March 16, 2018: Canadian Crude Oil Is Going By Rail To Portland Before Shipping Off To Asia (OPB)
February 7, 2019: Petroleum Terminal Expands To Allow More Oil Trains Into Portland (OPB)
February 19, 2019: Portland Will Work To Block More Oil Trains, Though How Isn't Clear Yet
March 13, 2019: Environmentalists At Portland City Hall Protest Zenith Oil Terminal Expansion (OPB)
April 4, 2019: Tar Sands Crude Shipments Quietly Increased In Oregon, With Regulators In the Dark (OPB)
April 22, 2019: Protesters Arrested At Zenith Oil Terminal (OPB)
July 15th, 2019: Hundreds Convene In Portland To Block Zenith Oil Terminal Plans (OPB) Hundreds of community members and climate justice advocates gather to provide public testimony against Zenith’s plans for terminal improvements at a special public meeting organized by Portland City Council.
August 29, 2019: Oregon Regulators Flag Violations At Zenith Oil Terminal (OPB)
September 3, 2019: Portland Oil Terminal Looks To Pipe Biofuels (OPB)
September 20, 2019: Students March On Downtown Portland To Urge Action On Climate (OPB)
October 22, 2019: City Of Portland Denies Request To Add Pipes To Zenith Oil Terminal (OPB)
October 24, 2019: Zenith Energy Threatens Legal Action Over City Of Portland Permit Denial (OPB)
November 21, 2019: On Shaky Ground: Portland’s At Risk For a Major Oil Spill. Can Fossil Fuel Companies Be Held Accountable? (Portland Mercury)
December 11, 2019: Opponents Struggle To Stop A New Breed Of Oregon Fuel Terminals (OPB)
December 18, 2019: Portland City Council Readopts Fossil Fuel Restrictions (OPB)
May 13, 2020: Zenith Energy Withdraws Permit Application for Controversial Pipeline Project The fuels storage company still plans to upgrade its Northwest Portland terminal. (Willamette Week)
January 11, 2021: Groups threaten to sue Portland oil terminal owner (OPB)
April 22, 2021: City action moves Zenith Energy close to expanding in Northwest Portland (OPB)
June 9, 2021: Top Ten Reasons to Stop Zenith Oil by Rail (Columbia Riverkeeper)
June 21, 2021: 17 environmental advocacy organizations send a joint letter to Director Esau at BDS opposing Zenith’s LUCS application.
July 19, 2021: 46 neighborhood organizations send a joint letter to Portland City Council demanding Zenith’s LUCS permit be denied.
August 17, 2021: Report says fuel spills would be massive environmental disaster in Cascadia Subduction Zone earthquake (OPB)
August 18, 2021: Mega earthquake could cause catastrophic fuel leak on Willamette River in Portland, study says (OPB)
August 20, 2021: 20 State legislators sent a joint letter to Commissioner Ryan and Director Esau opposing the approval of Zenith’s LUCS permit.
August 23, 2021: Can Portland, Oregon, Stand Up to the Oil Industry? (Sierra Club)
August 24, 2021: The Multnomah County Board of Commissioners released a joint statement opposing the approval of Zenith’s LUCS permit. (Multnomah County)
August 25, 2021: Oil storage and transport operation in Portland pushing city for permit allowing expansion (OPB)
August 26, 2021: Portland debating whether to allow oil company to continue operations (OPB)
August 27, 2021: Portland denies Zenith Energy’s essential certification (OPB)
August 27, 2021: Commissioner Ryan’s Statement on the City of Portland’s Denial of Zenith’s Land Use Compatibility Statement Among other things, it states asserts “the need to consult with tribal governments in the region.” (City of Portland)
September 1, 2021: Zenith energy fined for potentially harmful construction without permit (OPB)
September 1, 2021: Oregon DEQ says it’s denying a permit needed for crude-oil operation to continue in Portland (OPB)
February 3, 2022: Land-use board says Portland can deny Zenith oil-by-rail terminal, but more evidence needed (OPB)
May 19, 2022: Portland students demand climate action in Friday rally
June 31, 2022: Portland leaders poised to limit expansion of fossil fuel terminals (OPB)
August 12, 2022: Portland Planning and Sustainability Commission split in two (OPB)
August 24, 2022: Portland adopts limits on fossil fuel terminals (OPB)
September 16, 2022: Zenith Energy to phase out crude oil at Portland terminal (OPB) Zenith submits its third LUCS application, detailing a plan to “immediately reduce” its storage of crude oil as well as a complete phase-out of fossil fuels and transition to renewable fuels over the next five years to align with Portland’s climate policies.
September 26, 2022: Based on this public records request, it does not appear that Commissioner Ryan consulted with tribal officials prior to the decision to approve Zenith’s LUCS applications. (BDS)
October 3, 2022: Portland approves Zenith Energy’s renewable fuels plan (OPB)
October 3, 2022: Statement of the Bureau of Development Services on approval of a Land Use Compatibility Statement for non-fossil fuel operations at Zenith Energy (City of Portland)
October 10, 2022: Portland Caves in to Zenith Energy (KBOO)
November 1, 2022: Community outraged as Portland City government unilaterally approves key application from Zenith Energy (Breach Collective)
Further Reading
City of Portland Climate Emergency Workplan (City of Portland)
City of Portland 2035 Comprehensive Plan (City of Portland)
Zenith Energy’s Land Use Compatibility Statement (City of Portland)
Zenith Energy’s Tar Sands Facility in NW Portland (Audubon Society)
Read the Intergovernmental Panel on Climate Change 2022 Report, which calls for immediate action to reduce carbon emissions (The Nature Conservancy)
Questions
Did the City of Portland compromise its position on fossil fuels in any way in order to green-light Zenith’s application?
How does Zenith’s phase-out plan address the current and ongoing risk—train derailment, earthquake, storage failure, etc.—to the environment, climate, and residents that the transport and storage of crude oil pose?
Has Zenith addressed the multiple violations it has been cited for by regulators over the past few years? Are they currently in compliance with all local, state, and federal regulations?
What recourse does the City have if Zenith fails to follow its five-year phase-out plan? What will the penalty to Zenith be?
What does current science on renewable fuels say about their cost, safety, environmental impacts, and carbon emissions? Are we confident Zenith’s transition to biofuels in five years is feasible and that it will comply with our climate goals?
Why weren’t tribal leaders consulted by the City of Portland before Zenith’s LUCS was approved?
Why didn’t City Council hold a public meeting to allow advocates and community members to provide their input and get their questions answered?
Watch: Necessity by Jan Haaken
Part 2: Climate Justice & The Thin Green Line
From the website: This two-part film series unfolds around activists and their use of the necessity defense in jury trials in different regions of the US after being charged with trespassing.
Legal strategies in the climate movement take center stage as Indigenous leaders and Native and non-Native activists respond to the growing climate emergency.
From the Mississippi Headwaters, wild rice fields and Great Lakes in Part I to the rivers and mountains of the Columbia River Gorge in Part II, awe-inspiring terrains are sites of coordinated resistance to corporate expansion of oil through pipelines, rail and terminals to get their lethal products to market.
As inspiring and hopeful as they are informative, the films show how alliances form around shared commitments to save the planet.