Climate, safety, land use, and franchise law
Active Council decisionSource-reviewed Aug 27, 2026

Zenith Energy and Portland's fuel terminal

Zenith has agreed to sell its Portland terminal to ISQ Springer. Council is not approving the private sale or a new air permit. It is deciding whether to transfer the City franchise for pipelines beneath NW Front Avenue. The dispute centers on legal scope, conditions, disclosure, litigation, and a late correction to the City's guidance about how many votes are needed.

The 90-second brief

What a Portlander needs to know.

Zenith operates a fuel terminal in Northwest Portland. The private sale can proceed only if the City consents to transferring the franchise for pipelines in the public right of way. The franchise runs through 2037 and is separate from the terminal's land-use approvals and state air permit.

City staff conducted four rounds of inquiries into ISQ's technical, legal, financial, and compliance history. ISQ says it will retain the terminal's 21 employees and invest in older tanks. Staff found the company qualified and found no basis for extra transfer conditions. The disclosed review also identifies environmental, safety, and administrative incidents at affiliated facilities, including matters that were resolved and proceedings that remain pending.

The five Councilors who opposed referral focused on incomplete public disclosure, distrust created by the City's earlier Zenith investigation, and whether Council should seek stronger accountability before giving consent. The seven who supported referral generally treated the transfer as a narrow qualifications decision and emphasized that broader CEI Hub policy remains available through separate legislation.

Zenith is suing the City for breach of contract, alleging unreasonable delay and asking a federal court to order consent. Separately, the City Attorney corrected earlier written guidance that said nine Council votes were required. The City's current position is that a transfer needs a simple majority because it is not the grant of a new franchise.

A separate CEI Hub package would change the rules for every covered fuel terminal, not just Zenith. The draft would limit expansion and transloading, strengthen replacement-tank standards, and require a 20 percent reduction in covered in-service fuel storage from a 2027 baseline by December 1, 2036. It remains a proposal. A September 16 Committee of the Whole hearing is the next step, not final adoption.

Next hearing
Full Council, September 2, 2026
Committee recommendation
7 yes, 5 no on August 6
Current City guidance
Seven votes for a transfer, not nine for a new franchise
What changes
ISQ assumes the existing pipeline franchise through 2037
What does not change
The sale creates no new air permit or land-use approval
Existing air permit
Crude oil must end after October 3, 2027, with lower emissions limits
Pending lawsuit
Zenith alleges the City unreasonably delayed consent
Separate policy track
CEI Hub package hearing on September 16; no final adoption yet
What is decided

City staff recommends the transfer after reviewing ISQ's qualifications. The City and outside counsel previously found no basis to revoke Zenith's franchise. The Committee of the Whole has recommended passage.

What is not decided

Full Council has not consented to the transfer or adopted any conditions. No court has ruled on the number of votes required for this transfer, and the pending lawsuit has not established that the City breached the franchise. The separate CEI Hub land-use, storage, and safety package has been proposed but not adopted, and Council has not decided whether the transfer should wait for it.

The real points of disagreement

Separate factual boundaries from policy choices.

These are neutral descriptions of arguments visible in the sourced record. They are not endorsements, ideology labels, or an attempt to force every dispute into two equal sides.

01

What Council is actually deciding

The sale itself is a private transaction. Council is deciding whether ISQ may assume the existing franchise for pipelines beneath a City street. The ordinance does not approve a terminal expansion, rewrite the air permit, or grant a new land-use approval.

02

Qualifications versus future accountability

Staff concluded that ISQ has the technical, legal, and financial capacity to operate the franchise. The review disclosed compliance matters at affiliated facilities but found none that showed ISQ could not perform here. Critics and several Councilors distinguish capacity from willingness, pointing to the City's limited enforcement history and asking for stronger oversight. City staff says transfer conditions must relate to the prospective owner's qualifications and found no basis for additional conditions.

03

Disclosure and public trust

Councilors and testifiers objected that documents used in the City's due diligence were not initially public. During the August 6 hearing, the City Attorney said the public interest favored disclosure, and the City then published the transfer request, follow-up memoranda, and compliance history. The release narrowed the information gap but did not resolve disagreement about whether the review was broad enough.

04

Seven votes or nine

City Code requires nine votes for an ordinance granting a franchise, while the Charter separately requires consent by ordinance for a transfer. A City attorney initially wrote that nine votes were needed. The City Attorney's Office later corrected that guidance, saying past transfer ordinances used a simple majority because a transfer is not a new grant. Critics question the timing and legal interpretation; no court has ruled on the threshold for this ordinance.

05

Litigation and timing

The franchise says consent may not be unreasonably withheld or delayed. Zenith's federal complaint alleges that the City took far longer than the 2018 transfer, caused more than $10 million in losses, and jeopardized the sale. Opponents argue that Council needs enough time for testimony, disclosure, and possible conditions. The complaint states Zenith's claims; it is not a court finding that the City acted unlawfully.

06

What the proposed CEI Hub rules would change

The draft package would prohibit most increases in fuel-storage capacity, allow limited aviation-fuel expansion only through review, reduce transferable capacity by 20 percent, require stronger replacement-tank standards, and limit new or expanded transloading. A separate Title 17 proposal would require each covered terminal to reduce covered in-service fuel storage by at least 20 percent from its January 1, 2027 baseline by December 1, 2036. Aviation capacity and certain utility and pipeline tanks are exempt. Zenith's exact reduction cannot be calculated until the City verifies the baseline and exemptions. The package is proposed law, not an existing requirement.

07

Why the order of the two decisions matters

Holding the transfer until the CEI Hub package is adopted would let Council and the buyer know the general regulatory baseline before the sale closes. It could also preserve political leverage while the package is debated. City staff takes a different view: the transfer decision is limited to the buyer's qualifications, the franchise says consent may not be unreasonably delayed, and a generally applicable CEI Hub law would bind the terminal regardless of who owns it. Council could try to delay the transfer, set a later effective date, or negotiate a condition, but the public record does not establish that any of those approaches would survive a legal challenge. The September 16 CEI hearing is only a committee step, so waiting for adoption could extend beyond that date.

08

The larger climate, safety, and trust dispute

The transfer keeps the current franchise terms in place and does not settle disputes about fossil-fuel throughput, seismic risk, the City's past land-use process, or the adequacy of its 2026 investigation. That history includes a City finding that Zenith failed to report lobbying in 2022 and a state enforcement settlement that preserved violations for an unauthorized dock connection and 34 loading events. Those findings concern Zenith, not ISQ's qualifications. Council is separately considering CEI Hub zoning and storage-tank policy, while Oregon DEQ remains the air-quality regulator.

How we got here

The decisions are chapters of one story.

  1. City grants the pipeline franchise

    Council grants a 20-year franchise for pipelines beneath a limited portion of City streets. The franchise requires City consent for a transfer and says consent may not be unreasonably withheld or delayed.

  2. Franchise transfers to Zenith

    After an amendment allowing renewable fuels and liquid intermediates, Council consents to transferring the franchise from the prior holder to Zenith.

  3. City Auditor finds an unreported lobbying violation

    The Elections Office finds that Zenith exceeded the City's lobbying threshold in 2022 without registering or reporting the activity. The Auditor issues a warning letter and recommends training.

  4. Council orders an investigation

    Council adopts Resolution 37702 after hearing conflicting accounts about the franchise and City land-use actions.

  5. State enforcement case settles

    DEQ and Zenith settle a case involving an unauthorized connection to the McCall dock and 34 unauthorized loading events between 2021 and 2024. The settlement maintains the violations but reduces the penalty after reclassifying the loading events and revising the calculation.

  6. DEQ issues a new air permit

    The permit lowers allowable emissions, limits new fossil-fuel infrastructure, and prohibits crude-oil handling after October 3, 2027. It does not decide the City franchise transfer.

  7. Appeals court returns a land-use dispute to LUBA

    The Oregon Court of Appeals rules that LUBA had jurisdiction to review the City's 2025 land-use compatibility statement because the attached findings contained enforceable land-use conditions. The ruling addresses review jurisdiction, not the franchise transfer now before Council.

  8. Zenith and ISQ request the transfer

    The companies notify the City of the planned sale and submit an initial qualifications memorandum. City staff follows with additional legal, operational, and compliance questions.

  9. Administration publishes its findings

    The City and outside counsel report that they found no City-code or franchise violation warranting revocation.

  10. Committee opens review and continues the item

    Staff presents the transfer as a narrow qualifications decision. Council keeps testimony open and continues the item to August 6.

  11. Zenith sues the City

    Zenith files a federal breach-of-contract complaint alleging unreasonable delay and seeking an order requiring consent, plus costs and expenses.

  12. Committee recommends approval and records are released

    After extensive testimony and debate about missing information, the Committee of the Whole votes 7 to 5 to recommend passage. The City publishes additional due-diligence records.

  13. City releases the CEI Hub package for Council review

    The Bureau of Planning and Sustainability publishes proposed zoning, structural-safety, and citywide capacity-reduction rules for bulk fuel terminals. The package is separate from the Zenith franchise transfer and is not yet law.

  14. City corrects its vote-threshold guidance

    The City Attorney's Office says a franchise transfer requires a simple majority, reversing earlier written guidance that nine votes were required and relying on past transfer practice.

  15. Full Council hearing scheduled

    The ordinance is scheduled for 80 minutes before full Council. The official record does not yet show final action.

  16. CEI Hub committee hearing scheduled

    The Committee of the Whole is scheduled to hear testimony on the separate policy package. The committee may amend or refer it. Full Council would still need to hold another hearing before final adoption.

What happens next

What to watch if you want to know whether the policy works.

  • The September 2 hearing and any later passage vote
  • Whether Council delays the transfer, changes its effective date, or proposes a condition tied to the CEI Hub package
  • The legal basis offered for any amendment or condition
  • Changes to the CEI Hub package at the September 16 committee hearing and the date of any final adoption
  • How the City calculates Zenith's 2027 fuel-storage baseline and applies the draft exemptions
  • Whether Council receives a complete explanation of the due-diligence record
  • New filings or rulings in Zenith's federal lawsuit
Connected public record

4 Council records in this dossier.

Each guide preserves the exact proposal, amendments, votes, attachments, and official source. A committee recommendation is never labeled as final Council action.

Resolution2025-070Climate
Final Council action complete

What did Council direct in its investigation of the Zenith franchise?

The proposal would declare actions concerning Zenith Energy Terminal Holdings, LLC, including placing communications into the public record, demanding the Mayor to investigate violations of the Zenith franchise agreement, and…

Final action: Mar 19, 2025 Introduced by Councilor Angelita Morillo, Councilor Mitch Green, Council President Jamie Dunphy, Councilor Tiffany Koyama Lane
View guide
Evidence and perspectives

Primary sources first, with source classes kept visible.

Official records establish what government did. Councilor statements establish the author’s own explanation. A regulator controls its own permits. Independent meeting records help residents inspect context.

Official RecordResolution 37702: investigation of the Zenith franchise

City of Portland · Mar 19, 2025

Official RecordInvestigation into Zenith Energy franchise agreement

City of Portland · Feb 19, 2026

RegulatorZenith Energy regulatory history

Oregon Department of Environmental Quality

Official Record2026-263: Zenith franchise transfer

City of Portland · Jul 23, 2026

Official RecordCommittee staff summary for Document 2026-263

Portland City Council · Aug 6, 2026

Official RecordISQ request and initial qualifications memorandum

Published in the City Council record · Jan 7, 2026

Official RecordISQ regulatory compliance response to the City

Published in the City Council record · Mar 13, 2026

Official RecordCity Charter Article 2: franchises and transfers

City of Portland

Official RecordCity Code Chapter 3.02: Council procedure

City of Portland

Meeting RecordAugust 6 Committee of the Whole transcript and summary

Windowbox · Aug 6, 2026

Meeting RecordJuly 23 Committee of the Whole transcript and summary

Windowbox · Jul 23, 2026

Court RecordFederal docket: Zenith Energy v. City of Portland

U.S. District Court for the District of Oregon · Jul 29, 2026

Independent ReportingZenith sues Portland over the transfer timeline

Willamette Week · Jul 29, 2026

Independent ReportingPublic records, disclosure, and the franchise vote threshold

Portland Mercury · Aug 21, 2026

Court RecordNorthwest Environmental Defense Center v. City of Portland

Oregon Court of Appeals · Nov 13, 2025

Official RecordCity Auditor finding on Zenith's 2022 lobbying activity

City of Portland Auditor's Office · Mar 26, 2024

City ProgramCritical Energy Infrastructure Hub project and Council schedule

City of Portland Bureau of Planning and Sustainability · Aug 17, 2026

Official RecordCEI Hub Recommended Draft: land use and structural safety

City of Portland · Aug 17, 2026

Official RecordCEI Hub Capacity Reduction Regulations: proposed Title 17

City of Portland · Aug 17, 2026

Councilor StatementCouncilor Green on the investigation and transfer

Office of Councilor Mitch Green · Jul 31, 2026

Why this topic qualifies for a dossier12/12

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Continuing record2/2

The story spans multiple meetings, matters, public bodies, or at least 90 days.

Public consequence2/2

The outcome materially affects services, rights, public money, safety, the environment, or the city as a whole.

Institutional complexity2/2

Understanding it requires connecting legal, financial, regulatory, intergovernmental, or implementation records.

Meaningful disagreement2/2

The record contains divided votes, sustained testimony, competing official claims, litigation, or a consequential public dispute.

Unresolved relevance2/2

A decision, negotiation, implementation milestone, deadline, or measurable result still lies ahead.

Comprehension gap2/2

A resident cannot understand the story accurately from one matter page or one roll call.