Update: NEXT pulls railyard application, plans to refile

NEXT plans to refile a new application with an associated conditional use permit.

“The Planning Commission expressed interest in considering both the rail proposal and the associated conditional use permit at the same time, and we can understand why County decision-makers would want to review both permits in a concurrent process,” NEXT Communications Director Michael Hinrichs said. “Therefore, we are going to withdraw this application and refile a new application concurrently with the associated conditional use permit.”

The withdrawal of the proposal came July 14, only weeks after the new application was submitted. The addition of the railyard is heavily opposed by local farmers and conservation groups who say it will negatively impact the area. They also say that NEXT does not have the right to use the land for the rail system and that it goes against NEXT’s promises when establishing the project.

Railyard concerns

Local farmers, clean water advocates, and uprail communities concerned about long trains bisecting Columbia County cities and towns remain adamant that the Port Westward area is better suited to agriculture, forestry, and fisheries than a major new refinery that would produce diesel from fracked gas and unknown feedstocks.

A key opponent of the proposed NEXT Renewable Fuels facility is the environmental watchdog group Columbia Riverkeeper, which has been contesting the state and federal permits for the facility.

“NEXT specifically promised for years not to do exactly this. They committed, repeatedly, in public, not to use extensive rail traffic to bring in feedstocks,” Columbia Riverkeeper Conservation Director Dan Serres said. “While they’re trying to pretend this isn’t a significant change, it’s a huge change. And that’s one of the reasons why the community is speaking up against it.”

Serres said that the inclusion of a railyard is a large departure from the original proposal that stated the primary shipment of materials would be through the port.

According to Hinrichs, a misconception about the issue is that NEXT will use rail as their primary operation. Hinrich said NEXT still fully intends to operate their facility by using ship deliveries - both feedstock supply coming in from global sources and finished product being delivered to west coast destinations.

“Our proposed rail concept supports 1) modest rail use for deliveries of processing materials like bleaching clay, 2) local delivery to Oregon transit operators like Portland Metro, Port of Portland and TriMet, and 3) rail optionality if the Columbia River maritime channel is temporarily closed (like it was in 2017 as a safety response to the Eagle Creek fire),” Hinrichs said.

Hinrichs said the new design eliminates five siding rail tracks and reduces the number of siding tracks between the main facility and Hermo Road from five to two.

The updated proposal significantly decreases rail infrastructure and moves almost all of the rail entirely onto the previously approved industrial facility property, according to Hinrichs. Critics say that they may not have the approval to use that land.

Community opposition

At the meeting June 26, more than 20 community members offered testimony opposing the addition of the railyard. Columbia Riverkeeper, a conservation group, submitted comments during the meeting about concerns with the railyard and the NEXT’s right to use the land.

“NEXT has no agreement with PGE to use the land that PGE leases, which overlaps with the railyard. PGE considers the area a ‘buffer’ for its future industrial use. According to NEXT’s 2022 Application to the Army Corps, ‘PGE has informed the applicant that they are not willing to release their long-term lease at either property for further industrial development. PGE indicated that the property would be utilized as a buffer for their facility and for any future PGE expansion,’” the comments stated.

The land in question currently houses a mint farm that Warren Seely and his family have owned for generations. They have approval from PGE to use the land, with the land acting as a “buffer” for future use. Seely addressed the County with his concerns during the meeting.

“County rules require NEXT to consider and mitigate impacts to land uses in the area. Farming is a long-recognized land use in the area,” Seely said. “Our mint can become unusable if not properly handled quickly after harvest. Further, delays in mint processing that could be caused by the proposed modification will impact our ability to fill our orders in a timely manner.”

Seely also has concerns about the pollution from the trains affecting his crops. Moreover, Seely said that the proposed rail activity could impact the water supplies and drainage provided by the Beaver Drainage Improvement Company (BDIC).

“The farm will be negatively impacted if the proposed modification alters the drainage infrastructure in our area. The system of drainages and ditches are interconnected,” Seely said. “No alterations to the operations of the BDIC and the distribution of water resources are allowed without permission from the BDIC and two-thirds of its members.”

Jasmine Lillich is a vocal critic of the project and says NEXT has damaged trust within the community through its decision to include the railyard. Lillich said that NEXT is misrepresenting its intentions with its railyard.

When the plant site was approved, Lillich said the original proposal included only a minor rail component, saying that NEXT ensured there would be maybe 60-70 rail cars and no feedstock coming in.

“If I was a business person and designing one of the world’s largest renewable diesel facilities, I would definitely not make any false promises to a community like that,” Lillich said. “One of the port commissioners did some calculations, and it looks like potentially 40 percent of their feedstock is coming in on rail. They will say that this is mostly for bleaching clay, and they spin it so that it sounds innocent; it is toxic material coming in to clean up toxic material and bring it out.”

Lillich said the hearing on June 26 was an opportunity for the community to bring issues to the County Planning Commission they were unaware of. Regarding PGE’s land, Lillich said that NEXT applied for a permit on land that they don’t have permission to use.

What’s next?

Lillich and Serres say that the rail component of the project is now critical to the refinery’s success and that without it, NEXT will be put in a difficult position. The refiled proposal will raise many questions about NEXT’s plans and land use.

“They’re trying to put a railyard and massive refinery on some of the most unstable soil anywhere in the lower Columbia River, next to farms, a Buddhist monastery, homes, on land they don’t control that’s leased by PGE, amid drainage systems that they don’t have a right to use or fill,” Serres said. “Nothing about the project adds up. We’re going to keep the pressure on until NEXT and its investors pull the plug.”

For their part, NEXT remains confident that they will secure the proper permits so they can begin construction on the long-developing project.

“We remain confident that we will receive all necessary approvals to bring a clean fuels facility to Columbia County and be a foundational part of Oregon’s green economy,” Hinrichs said. “We are proud to have the support of local, state, and federal elected officials, Columbia County community leaders, and thousands of local residents.”

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