NEXT Refinery Clean Water Act Section 401 Certification
Current Status:
Active
Date Filed:
May 22, 2025
Case Title:
Columbia Riverkeeper, Northwest Environmental Defense Center, Wendy Schmidt, and Haley Voekel vs. Oregon Department of Water Quality
Staff attorney(s):
Andrew Missel
Lizzy Potter
Client(s):
Northwest Environmental Defense Center
Two local residents
To Protect:
Rural communities
Farmland
Clean water
Fish
States:Oregon
Case Information:
May 22, 2025 — Advocates for the West filed suit against the Oregon Department of Environmental Quality (DEQ) for issuing a water quality permit for the proposed NEXT refinery located adjacent to the Columbia River Estuary near Clatskanie, OR.
If built, the non-conventional diesel refinery would fill over 100 acres of wetlands and discharge harmful pollutants during construction and operation. The complaint explains that the seismic risks and proximity to the Columbia River make this an unacceptable location for a refinery. The facility—which would store and manufacture extremely marine toxic chemicals—is proposed to be built in an unstable wetland, threatening groundwater contamination and public health. 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.
NEXT’s proposed refinery would be the second-largest of its kind in the nation. The refinery is permitted to emit 1 million tons of greenhouse gasses per year and would consume the same amount of fracked gas annually as the City of Eugene. The fuel would be made largely from carbon-intensive feedstocks like soybean oil and transported by barge to regional or international markets. Local residents and farmers recognize the unacceptable water and air pollution that would result from a refinery of this magnitude in such a sensitive area.
