Zenith decision tests government power balance in Portland
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In the first major test of Portland's new government structure, the city approved a land use application for a fossil fuel company over the objections of two councilors who called for an investigation into the approval process.
Why it matters: Just over a month into the separation of Portland's legislative and executive branches, the decision highlights the limits of city councilors' power to impact the decisions of city administrators in the executive branch.
Context: Zenith Energy was seeking land use approval to continue its fossil fuel transport and storage business at the Critical Energy Infrastructure Hub in NW Portland.
- The company has long been the target of environmental advocates who argue Zenith's business goes against the city's climate goals and poses grave risks to Portlanders because the infrastructure hub is extremely vulnerable to earthquakes.
- The company has pledged to phase out its storage of crude oil, instead moving to more sustainable fuels like biodiesel.
Catch up quick: On Friday, councilors Mitch Green and Angelita Morillo filed a resolution calling on Mayor Keith Wilson to freeze the approval process and investigate whether Zenith had violated agreements with the city and whether city staff had been fully transparent with councilors during a work session last month.
- "Our role as elected officials is to be watchdogs on policy decisions that are coming before us," Morillo told the Oregonian.
The intrigue: Critics of the company have long argued Zenith has not been a good faith partner with the city.
- The company has previously violated regulations around lobbying, per a report from the City Auditor, and was fined nearly $375,000 last year for making changes to its facilities without telling state regulators.
- Zenith said it had worked closely with the state and city and that the fine had been the result of "a technicality."
- Wilson, appearing on OPB's "Think Out Loud", said an investigation into Zenith's previous lobbying violations would move forward, but approving the company's land use statement was "an administrative function."
The latest: City staff approved the land use application on Monday.
- City administrator Michael Jordan said in a written statement the city's role was limited to making sure Zenith's plan complied with land use regulations, just as it does for the other roughly 150 land use applications city staff process each year.
What they're saying: Councilor Sameer Kanal wrote on Bluesky the process "was non-transparent, even to Councilors," noting he learned about the approval through a press release.