Groups, residents sue Oregon DEQ

Last Thursday, Hood River non-profit Columbia Riverkeeper, Portland-based Northwest Environmental Defense Center (NEDC), and two Oregon residents sued the Oregon Department of Environmental Quality (DEQ) for issuing a water quality permit for the proposed NXTClean Fuels refinery located adjacent to the Columbia River Estuary. According to a May 22 press release from Columbia Riverkeeper Communications and Marketing Director Liz Terhaar, the refinery “would fill over 100 acres of wetlands and discharge harmful pollutants during construction and operation.” According to the release, the complaint filed by the groups explains “the seismic risks and proximity to the Columbia River make this an unacceptable location for a refinery.” The release went on to note 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.”

On the heels of Thursday’s lawsuit, Oregon resident and co-petitioner Wendy Schmidt said, “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. 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.”

Following Thursday’s complaint, NXTClean Fuels Director of Communications Michael Hinrichs said, “It’s no surprise that Columbia Riverkeeper has filed an appeal, even after DEQ already denied Columbia Riverkeeper’s initial request for reconsideration. NEXT has designed a world-class clean fuels project that meets Oregon’s strict environmental regulations, which is why DEQ approved our water permit. The approval builds upon DEQ’s approval of our air permit and Department of State Lands’s approval of our removal fill permit. We remain confident that approval of our water permit will be upheld… While a relatively small group of opponents continue to challenge our permit approvals, thousands of Columbia County residents, elected officials at the local, state and federal levels, business owners, union members, environmentalists and environmental justice advocates continue to speak out in support of our clean fuels project. The support has been overwhelming and unwavering since we started our major permitting processes in 2020. We are proud of the project, and grateful for the vocal championing of our efforts.”

Audrey Leonard, who serves as staff attorney for Columbia Riverkeeper, said, “DEQ’s nearly boilerplate certification fails to protect surrounding waterways from NEXT’s pollution. 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.”

The release also quotes NEDC Staff Attorney Mary Stites, who says, “NEXT’s massive refinery is another green-washed climate ‘solution.’ 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.”

Representing the petitioners in the lawsuit is Advocates for the West. The group’s Staff Attorney, Andrew Missel, said, “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. DEQ has utterly failed to do that.”

In conclusion, Hinrichs said, “The Clatskanie City Council, Mayor of Rainier, Clatskanie School Board, St. Rep. Javadi, St. Rep. Edwards, St. Sen. Weber and other regional elected officials all support our project. The Building Trades Councils, Carpenters, and Oregon AFL-CIO all support our project. Oregon Business for Climate, Climate Solutions, former National Resources Defense Council leadership and other environmentalists have all submitted supportive comments on our permit records. Our coalition of support represents a wide range of stakeholder groups, and reinforces how much local, regional and statewide support there is for bringing clean fuels production to Oregon. Clean fuels like renewable diesel and sustainable aviation fuel go hand-in-hand with transitions to cleaner transportation infrastructure, and are specifically called out as important solutions to Oregon’s aggressive climate change goals.”

The Columbia Riverkeeper release described the future of the project as “uncertain” and noted the Army Corps of Engineers “will conduct an Environmental Impact Statement (EIS) that must consider all of the combined impacts of the project, with a draft expected this year” and that opponents “are already challenging the Army Corps’ failure to protect inadequate levee infrastructure at Port Westward from NEXT’s construction activities.”