“Oregonians value farms and strong salmon runs. The Port of Columbia County’s proposal to trade the county’s prime farmlands for dirty fossil fuel development like fracked gas-to-methanol refineries and oil-by-rail ignores mounting concerns about health, safety, and impacts to farmland and water quality,” stated Dan Serres, conservation director for Columbia Riverkeeper, which challenged the County’s rezone decision.
FOR IMMEDIATE RELEASE
Court Decision Effectively Halts Plans for Proposed Methanol Refinery, Industrial Expansion at Columbia River Port
May 22, 2019 (Salem, OR)—Today the Oregon Court of Appeals upheld the Oregon Land Use Board of Appeals’ finding that Columbia County ignored Oregon law when it doubled the size of Port Westward and opened high-quality farmland to polluting industrial development. Without the rezoned property, a controversial fracked gas-to-methanol refinery cannot move forward with plans to site a massive refinery in Oregon. Washington Governor Jay Inslee dealt the methanol company, Northwest Innovation Works, a serious blow earlier this month when he came out against the company’s proposed Kalama, WA, refinery.
“Oregonians value farms and strong salmon runs. The Port of Columbia County’s proposal to trade the county’s prime farmlands for dirty fossil fuel development like fracked gas-to-methanol refineries and oil-by-rail ignores mounting concerns about health, safety, and impacts to farmland and water quality,” stated Dan Serres, conservation director for Columbia Riverkeeper, which challenged the County’s rezone decision.
“We will continue to urge Columbia County to protect high-yield farmland and fish habitat,” stated Darrel Whipple, Co-Chair of Envision Columbia County. “Our communities are threatened by the fossil fuel projects proposed at Port Westward, whether they be oil train terminals or a methanol refinery.”
Port Westward is ground zero for a string of controversial fossil fuel developments, including fracked gas, coal, and oil terminals. Examples include:
- Northwest Innovation Works (NWIW) has a lease option to build a fracked gas-to-methanol refinery at Port Westward. NWIW’s lease option contemplates building a methanol refinery within the proposed rezone area. As a result of today’s court ruling, NWIW cannot move forward with its refinery plans because the land is not zoned industrial. NWIW also has no right to dock or other utilities at this point.
- From 2013 to 2015, Global Partners operated an oil-by-rail transshipment facility before resuming ethanol shipments. The company maintains regulatory approval to restart oil shipments and the Port amended Global’s lease to allow shipment of tar sands crude oil.
- Portland General Electric currently operates two gas-fired power plants at Port Westward.
- In 2013 and 2014, the Port failed in attempts to site two coal export terminals at Port Westward.
Columbia Riverkeeper (Riverkeeper), Columbia County, and the Port of Columbia County appealed the Oregon Land Use Board of Appeals (LUBA) decision on various grounds. Although LUBA overturned the County’s rezone decision, Riverkeeper argued that the County made additional legal errors. The County and Port also appealed LUBA’s decision, arguing that the Court of Appeals should affirm the County’s decision to rezone farmland for industrial uses.
The Court of Appeals upheld LUBA’s ruling that the County’s rezone decision violated legal requirements to demonstrate the industrial uses would be compatible with adjacent uses like farming. As a result, the Port must: (1) address those legal errors through a new zoning process before County, and (2) the County must approve the rezone. Beyond the legal errors identified by LUBA, the Court of Appeals declined to find additional legal errors in County’s decision.
The County and Port can request that the Oregon Supreme Court review the Court of Appeals decision.
Resources:
- Oregon Court of Appeals Decision
- Aerial Photo of Port Westward, (photo credit Columbia Riverkeeper).
- 2018 Oregon Land Use Board of Appeals Decision
- Port of St. Helens’ 2017 Rezone Application
- 2014 Oregon Land Use Board of Appeals Decision
Columbia Riverkeeper is represented by Crag Law Center, a client-focused law center that supports community efforts to protect and sustain the Pacific Northwest's natural legacy.
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