Court upholds ban on bulk liquid propane storage in Port of Providence

RI Superior Court rules in favor of the City in Sea 3 Case ...

From a Providence City Council Press release:

In a decisive win for South Providence residents, the Rhode Island Superior Court has upheld the City’s zoning ordinance as amended in 2022. The ordinance bans the bulk storage of liquid propane gas (LPG) anywhere in the City, which is part of the city’s commitment to environmental justice.

“This decision is a major victory for South Providence,” said City Council Majority Leader Pedro Espinal, who represents the neighborhood where the facility is located. “For generations, the community I call home has endured massive amounts of pollution and devastating health outcomes. Enough is enough. This decision makes clear to Sea 3: No more putting lives at risk to increase your profits. I am very grateful to the City’s legal team and the activists who organized to build pressure. We must do much more to turn the port into a clean, modern driver of economic development, but today, we celebrate this win for our community.”

In 2021, fossil fuel company Sea 3 Providence LLC attempted to fast-track a plan to expand their facility, proposing six massive LPG storage tanks and a new rail delivery system - drawing fierce opposition from environmentalists and South Providence residents. In 2021 and 2022, the Providence City Council took significant steps to stop this proposed expansion. At the forefront of this effort, Majority Leader Espinal (then serving as President Pro Tempore) introduced a resolution calling on the Rhode Island Energy Facility Sitting Board (EFSB) to deny Sea 3’s proposed expansion plan. Additionally, Espinal championed and successfully passed an amendment to the City’s zoning ordinance, effectively banning the establishment of any new bulk LPG storage facilities in Providence.

Sea 3 challenged the amended ordinance in court, claiming it was inconsistent with the City’s 2014 Comprehensive Plan. Last Thursday, December 19, the Superior Court rejected this argument and upheld the ordinance.

Sea 3’s expansion will now be confined to its original plan, which was approved by the City Plan Commission in 2022. It will still require approvals from City and State agencies, including the Energy Facilities Sitting Board. Any changes recommended during this process could halt Sea 3’s expansion entirely.

The recently signed 2024 Comprehensive Plan includes Council-sponsored strengthened protections for the Port of Providence and South Side residents. The plan prohibits power plants dependent on fossil fuel combustion, noxious or toxic chemical manufacturing, and ethylene oxide manufacturing and storage in M2 and W3 zones. The plan paves the way for the City to ban future uses that it “determines go against the public interest of (a) public health and quality of life in near-industry neighborhoods or (b) realizing fossil fuel emissions reduction goals in response to climate change.” The specific uses are currently under discussion by City officials and will be included in the upcoming zoning ordinance. As the City Council reviews and proposes amendments to the zoning ordinance, environmental justice at the port will be prioritized.

Read the Superior Court’s decision HERE.

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I covered this issue extensively at Uprise RI. See:

• May 3, 2021 - Sea 3 seeks major fossil fuel expansion in the Port of Pvd

• May 8, 2021- Lawmakers ask the Energy Facilities Siting Board to reject Sea 3’s proposed LPG expansion

• June 11, 2021 - The People’s Port Authority leads rally against fossil fuel expansion in PVD

• July 5, 2021 - EFSB takes up Sea 3 propane expansion proposal for Port of Providence

• November 2, 2021 - PVD Ordinance Committee to weigh bills curbing major fossil fuel expansion in the Port

• Aug 22, 2022 - Sea 3 must submit a full application for major LPG expansion plans in the Port