The Washington Court of Appeals on Aug. 25 ruled in favor of
the Port of Vancouver USA regarding an appeal brought by two environmental
groups over whether the port’s lease for the Vancouver Energy terminal complies
with the State Environmental Policy Act (SEPA).
Environmental groups Columbia Riverkeeper and Northwest
Environmental Defense Center claimed that the port failed to follow SEPA during
the lease approval process.
Specifically, they alleged that the port should have waited
to approve the lease until the state energy siting council (EFSEC) issued its
environmental impact statement. They alleged that the lease improperly limited
the alternatives to be considered in the siting council process.
However, the appeals court this week affirmed a January 2014
ruling by Clark County Superior Court Judge David E. Gregerson, who had ruled
that the Port of Vancouver USA was not required to conduct a SEPA review prior
to entering the lease with Tesoro-Savage.
Gregerson also found that the lease did not limit the
alternatives to be considered during environmental review because it’s
contingent on completion of that review.
The Court of Appeals also found that the port’s decision to
enter the lease was exempt from SEPA’s Environmental Impact Statement
requirement and did not limit the choice of reasonable alternatives for the
project.
“We are pleased that the three-judge panel of the Court of
Appeals unanimously affirmed the decision of the Superior Court,” port CEO Todd
Coleman said. “This is yet another ruling in the port’s favor that reaffirms
our commitment to responsible development and thorough environmental review.”
“We look forward to continuing our collaborative work with
all interested parties as the Vancouver Energy project goes through the EFSEC
process,” Coleman said.