Monique Merrill

PORTLAND, Ore. (CN) — A federal judge said Thursday that the U.S. Army Corps of Engineers can't duck claims it unlawfully paved the way for a clean fuel manufacturer's construction of a massive renewable diesel fuel refinery along the Columbia River in Oregon.

The challenge to the Army Corps greenlighting the company's use of a levee road can proceed, U.S. District Judge Adrienne Nelson said in her 23-page opinion .

“Legal consequences flow from the Corps' Section 408 determination,” the Joe Biden appointee wrote .

The dispute centers on a letter the Army Corps sent to NXTClean Fuels, also known as NEXT Renewable Fuels, in which it indicated the company wouldn’t need a full Section 408 review and permission — a process typically required when outside parties intend t

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