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

The Oregon Court of Appeals ruled that environmental advocates' lawsuit against Portland regarding Zenith Energy's land use credential will proceed in a specialized administrative court. This decision is seen as a crucial win for advocates, who argue that the Land Use Board of Appeals (LUBA) is better equipped to handle the complexities of land use law. The case stems from concerns about Zenith's operations, which environmentalists claim pose risks to public safety and violate environmental standards. Zenith Energy has a history of regulatory non-compliance, including violations of its air permit and illegal construction activities. The city must now provide records related to Zenith's permitting process, which could lead to a more transparent review.

Advocates argue that the public was not adequately involved in the initial approval process for Zenith's Land Use Compatibility Statement (LUCS). Mary Stites, a staff attorney for the Northwest Environmental Defense Center, emphasized the importance of having LUBA review the case to ensure compliance with local guidelines. The outcome could significantly impact how fossil fuel operations are regulated in the region.