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County commissioners reaffirmed their support for the troubled project. But behind the scenes, it’s complicated, public records show, as the county tries to get approval for a site and amend its contract with a private company.
Lane County officials want the public to know they’re still planning to build the CleanLane recycling project. So much so that Commissioner Pat Farr read a statement on behalf of the board as commissioners wrapped up their meeting Tuesday, June 2.
The statement leaves open the question of whether the CleanLane project will be built at Goshen or the county’s Short Mountain Landfill.
“The majority of the Board of County Commissioners is reaffirming the county’s continued commitment to the CleanLane project, including pursuing final land use approval for the Goshen site,” Farr said in the statement, reading from a sheet of paper. “Additionally, the county reaffirms its desire to potentially shift the project site from Goshen to Short Mountain.”
The statement underscores a key conflict for the county as it seeks a location for the CleanLane recycling project, which would handle at least 120,000 tons of trash per year if built. In December 2023, when the county approved plans to contract with Bulk Handling Systems, a Eugene-based company, the contract stipulated that the project be built in Goshen.
In the more than two years since then, the county has been stymied repeatedly in those efforts. In 2025, a county hearings officer denied the county’s request for a special use permit and the Land Use Board of Appeals ruled against the county when it appealed that decision.
In April, the county lost an appeal of that decision in the Oregon Court of Appeals. The county has since filed an appeal with the Oregon Supreme Court, though the court rarely intervenes in land use cases like this.
Now, the county is facing a legal precipice: To build the project at Short Mountain Landfill, it will need a contract amendment with Bulk Handling Systems that is satisfactory to both parties. Furthermore, the contract has timelines that the county is required to abide by, including a $12,000-a-day penalty for failures to meet deadlines.
The contract’s schedule calls for equipment to be installed in a newly built facility in 2026. And construction is yet to begin, not to mention the fact that the county hasn’t received the land use approval that would allow construction.
So far, the county hasn’t paid that $12,000-a-day penalty. In a prior statement to Lookout Eugene-Springfield, a spokesperson said county officials maintained that they are not required to pay that penalty and are not in default because land use appeals, not the county, are to blame for the delay.
Still, the pursuit for a solution continues, whether it’s at Goshen or Short Mountain Landfill, through a contract amendment. And the statement makes clear that the contract amendment needs to be “clean,” as the county puts it.
“The county reaffirms its prior direction to county counsel to continue to pursue a contract amendment that shifts the project location and schedule to Short Mountain without burdening the county with additional obligations that are not contained in the current CleanLane contract,” Farr said. “What one might call a ‘clean’ amendment.”
Commissioners didn’t make any other public comments or take action on the CleanLane project. Records show County Counsel Rob Bovett is doing much of that work.
‘Uncontrollable’ circumstances
On April 17, Bovett sent a notice to Bulk Handling Systems, saying a provision under the contract for “uncontrollable” circumstances makes the agreement “unenforceable.”
“Accordingly, the County shall not be held responsible for any alleged delay or default,” Bovett wrote in the notice, citing the appeals court decision and calling it “beyond the control of and not the fault of the County.”
In that notice, Bovett acknowledged that the county’s petition with the Oregon Supreme Court is unlikely to succeed, making the appeals court decision the final judgment in the matter. The notice reminded the company that the county is still seeking a solution, including through a relocation of the project to Short Mountain Landfill.
But the notice shows those negotiations have not progressed since the company gave the county a letter authorizing the county to proceed with seeking land use approval at Short Mountain for the facility.
And a formal contract amendment remains elusive.
“However, the Parties have not entered into an amendment to enable that shift of Project Site location, due apparently to disagreements between the Company and its lender, the details of which the County is not aware,” the county’s notice said. “A shift of the Project Site for the Facility to Short Mountain continues to be the proposed solution offered by the County. The amendment would, of course, need to make appropriate and necessary adjustments in the schedule of performance. The County continues to hope that the Company will diligently pursue such an amendment with the County.”
Todd Johnston, an attorney representing Bulk Handling Systems, responded to the county’s notice April 29.
“The County’s account of events and recitation of legal conclusions in that notice are not accurate or sound; the results of the County’s pursuit of approval of the project do not amount to an ‘Uncontrollable Circumstance’ and do not render the agreement unenforceable against the County,” Johnston wrote in the letter, which Lookout Eugene-Springfield obtained through a public records request.
Johnston added the company “reserves all of its rights and remedies under the agreement.” His letter didn’t rule out an amendment.
“As discussed and agreed with the County, we will focus our attention on reaching a consensus on an amendment and restatement of the agreement,” Johnston wrote in the letter.
Whatever the county does, a reworked timeline will be necessary in the amendment.
Other options available for Goshen
Despite the setbacks at Goshen, the site could still be an option.
Bovett’s notice suggests the county could still explore other legal avenues to return to the Goshen site. One would be through changes to the land use code; the other would be a change to state law, the notice states.
“Alternatively, the County could, theoretically, apply for an amendment to the land use code applicable to the Goshen Project Site to specifically allow for the Facility, but the outcome of such an application, and any subsequent appeals, is uncertain, and therefore any possible timeline would likewise be indeterminate,” Bovett wrote.
He also said the county could seek state legislation allowing land use approval to site the facility, adding “but the outcome of such an effort would likely be indeterminate and therefore any timeline would likewise be indeterminate.”
A timeline of the CleanLane saga
2015: The state of Oregon announces required materials recovery goals for counties starting in 2025. Lane County selects a 63% rate for a voluntary goal, up from 49.7% at the time.
2020: Lane County’s Climate Action Plan identifies Short Mountain Landfill as the highest contributor (77%) of greenhouse gases from the county’s operations.
December 2021: Waste Management Division staffers and Bulk Handling Systems give a presentation on waste processing technologies in use in other communities that may work in the county to meet its recovery goals.
March 2022: Lane County issues a request for proposals for waste recovery facilities to meet or exceed a 63% recovery goal. After a competitive process, the county picks Bulk Handling Systems for a contract to “further explore” building a facility near Short Mountain Landfill.
April 2022: The board adds this objective to its strategic plan: “Fully vet the construction of a waste processing facility for the Short Mountain Landfill.”
December 2023: The county approves plans to contract with Bulk Handling Systems to construct and operate the CleanLane project at the Goshen site and purchase the land. Commissioners voted 3-2, with David Loveall and Ryan Ceniga opposed. The county also approves fee increases to help pay for the facility.
August 2024: Lane County commissioners approve $35.35 million in bonds for CleanLane. The terms include another $23.67 million in interest payments from 2025 to 2044, totaling $59 million.
November 2024: Lane County Public Works submits a request for a special-use permit and site design review for CleanLane.
April 2025: A Lane County hearings officer denies the county’s request for a special-use permit.
December 2025: Lane County loses the appeal it filed with the Land Use Board of Appeals. The county subsequently files an appeal in court.
Separately, county commissioners vote 3-2 to amend the CleanLane contract to move the facility from Goshen to Short Mountain Landfill and put $1.3 million toward engineering work at the new site.
April 2026: Lane County loses its court appeal in its bid for the recycling facility in Goshen.
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