Portland, Ore. (May 22, 2025)—Today, Columbia Riverkeeper, the Northwest Environmental Defense Center, and two local residents sued the Oregon Department of Environmental Quality (DEQ) for issuing a water quality permit for the proposed NEXT refinery located adjacent to the Columbia River Estuary.
If built, the non-conventional diesel refinery would fill over 100 acres of wetlands and discharge harmful pollutants during construction and operation. The complaint, filed today, explains that the seismic risks and proximity to the Columbia River make this an unacceptable location for a refinery. The Columbia River Estuary was designated by Congress as an Estuary of National Significance under the Clean Water Act and is known for its diverse intertidal habitat—important for migrating fish and shorebirds alike.
“The construction and operation of the NEXT refinery will cause unthinkable and irreversible damage to the Columbia River, the Beaver Drainage District, my farm and neighboring farms and ranches,” said Wendy Schmidt, local resident and co-petitioner in the lawsuit. “The facility—which would store and manufacture extremely marine toxic chemicals—is proposed to be built in an unstable wetland, threatening our groundwater and the future health of our community.”
“DEQ’s nearly boilerplate certification fails to protect surrounding waterways from NEXT’s pollution,” said Audrey Leonard, Staff Attorney for Columbia Riverkeeper. “Advocates, locals, and Tribes have been outspoken about the dangers of this project for years—we expect more from an agency that claims to be a leader in enhancing water quality.”
NEXT’s proposed refinery would be the second-largest of its kind in the nation. The refinery is permitted to emit 1 million tons of greenhouse gasses per year and would consume the same amount of fracked gas annually as the City of Eugene. The fuel would be made largely from carbon-intensive feedstocks like soybean oil and transported by barge to regional or international markets. Local residents and farmers recognize the unacceptable water and air pollution that would result from a refinery of this magnitude in such a sensitive area.
“NEXT’s massive refinery is another green-washed climate ‘solution,’” said Mary Stites, Staff Attorney for Northwest Environmental Defense Center. “Refining biofuels presents many of the same risks as conventional oil refining. It is disappointing that DEQ is accepting NEXT’s unsupported assertions, despite public concern and well-documented threats to water quality, aquatic species, and public health.”
“At a time when the federal government seems hell-bent on steamrolling over environmental protections, it’s more important than ever for Oregon to use its authority under the Clean Water Act to protect its waters,” said Andrew Missel, Staff Attorney at Advocates for the West, which represents the petitioners in this lawsuit. “DEQ has utterly failed to do that.”
The future of the project remains uncertain. The Army Corps of Engineers (Army Corps) will conduct an Environmental Impact Statement (EIS) that must consider all of the combined impacts of the project, with a draft expected this year. Additionally, opponents are challenging the Army Corps’ failure to protect inadequate levee infrastructure at Port Westward from NEXT’s construction activities.
Petitioners are represented by Advocates for the West in this litigation.