Vancouver USA Wins Environmental Case

By Mark Edward Nero

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.

Port of Vancouver Wins Terminal Lawsuit

By Mark Edward Nero

A Superior Court Judge on Jan. 10 ruled against three environmental groups that have been trying to stop the Port of Vancouver, Washington from moving forward with a proposed 42-acre oil-handling terminal.

The three groups – Columbia Riverkeeper, the Northwest Environmental Defense Center and the Sierra Club – sued in October 2013 to stop the project, maintaining that its 10-year, $45 million lease was approved before an environmental study had been conducted.

Judge David Gregerson dismissed the claim, but also said the environmental groups are still allowed to continue pursuing a separate complaint, which alleges that the port violated the Washington state open meetings laws by conducting a “secret” meeting to discuss the lease last July 22.

Gregerson’s decision against the environmental groups is eligible to be appealed, but on the day of the ruling, Columbia Riverkeeper Executive Director Brett VandenHeuvel would not comment on whether the groups would appeal the decision. The port’s legal representative, however, said Vancouver intends to adhere to the stipulation regarding the July 22 executive session conducted by the Commission.

“We understand the court’s desire to allow the plaintiffs time to pursue limited additional evidence,” port attorney Lawson Fite of the Markowitz, Herbold, Glade & Mehlhaf firm, said. “We intend to work with the plaintiffs to provide the necessary information in an efficient manner.”

The project in question is a joint proposal by petroleum products company Tesoro Corp. and supply chain solutions business Savage Companies, a to develop and operate a new 120,000 barrel-per-day (bpd) crude-by-rail unloading and marine loading facility at the Port of Vancouver.

The Tesoro-Savage joint venture would own the crude unloading and marine loading facilities and enter into a land lease agreement with the port for an initial 10-year period. Savage would oversee and manage the design, construction and operation of the facility on the joint venture’s behalf.

The deal, which was approved by the Port of Vancouver Board of Commissioners last October, is still subject to approval by state regulatory agencies.

“The port will continue to work collaboratively with the environmental community and other stakeholders as the Tesoro-Savage project is reviewed,” port Executive Director Todd Coleman said in a statement.

Kennedy Rails Against Pacific Northwest Coal Projects

Environmental activist and attorney Robert F. Kennedy Jr. says that coal export terminals planned for about half a dozen locations throughout Oregon and Washington would lead to environmental damage and political malfeasance, while creating a minimal number of jobs.

“It’s going to end up leaving Portland with a legacy of pollution, poison and corruption,” Kennedy said of coal exports during a May 7 anti-coal rally at Portland’s Pioneer Square. The event was organized by environmental groups the Sierra Club and Columbia Riverkeeper, which have been involved in concerted efforts to prevent Pacific Northwest ports from developing terminals that would export coal to Asian countries.

The environmentalists argue that the resulting dust from the trains hauling the coal to coastal ports from the Midwest and elsewhere would pollute the countryside along the proposed routes.

During the anti-coal rally, Kennedy claimed coal export companies would inevitably pay off legislators to see pro-coal legislation passed, using the prospect of job creation as a selling point.

“It poisons democracy, it poisons communities, it poisons values,” Kennedy warned. “Coal is crime. Do not let it come through this community.”

Despite the vocal opposition however, about half a dozen Oregon and Washington ports are currently considering coal export terminal proposals, partially because of the jobs they would bring and the positive economic impact they could have on the surrounding communities.

Among them is the Port of Longview, where Millennium Bulk Terminals has applied for permits to build a $600 million terminal in a bid to become one of the largest coal exporters in North America.

Coal companies have also submitted permits to build export terminals at or near Port Westward near Clatskanie; Port Morrow and Port of Bellingham. Two other proposals have surfaced in Coos Bay and Hoquiam, but no formal permit requests have been filed as of yet.

In response to the controversy, numerous state and regional officials and entities, including Oregon Gov. John Kitzhaber, Washington state Ecology Director Ted Sturdevant and the US Environmental Protection Agency have weighed in, with each saying that a comprehensive study is needed to study the full potential cumulative environmental effects of the coal export proposals.