LNG foes to challenge FERC

The fight over a proposed liquefied natural gas (LNG) terminal at Bradwood may be headed to court.

On January 15, the Federal Energy Regulatory Commission upheld the approval it gave September 18 to the proposed Bradwood Landing Terminal.

A FERC announcement said the commission denied requests by interveners to rehear the Bradwood project, stating that its decision “does not impact any substantive determinations that need to be made by states” under federal statutes.

“Since construction cannot start until all necessary authorizations are obtained, there can be no environmental impacts until there is full compliance with all relevant federal laws," the statement said.

Reacting to the FERC announcement, Oregon Governor Ted Kulongoski announced his intention to ask a US Court of Appeals to review the FERC decision. Kulongoski and other foes are unhappy that FERC has issued its license before environmental mitigation plans were fully evaluated and approved and the state permitting process was complete.

"I have been clear that FERC should not issue a license until all environmental issues are appropriately addressed and not before state permit decisions have been rendered," Kulongoski said in a statement. "I am deeply disappointed that FERC has chosen to ignore Oregon's concerns in this matter and have asked the Attorney General to seek prompt judicial review."

The request for a rehearing was the final administrative step a state must take before legal action can be initiated. Oregon now has 60 days to file in a U.S. Court of Appeals.

Brett VandenHeuvel, executive director of Columbia Riverkeeper, blasted FERC's decision in a January 15 statement.

"FERC's decision is clearly illegal, and we will challenge it in federal court," he said. "Not only Riverkeeper and allies, but also the states of Oregon and Washington, and the Columbia River tribes all warned FERC that we would fight its illegal approval. I expect we will succeed on appeal."

Dan Serres, also with Columbia Riverkeeper, highlighted the importance of the State of Oregon's role in the wake of FERC's decision.

"FERC approved this project over the objections of Governor Kulongoski without evaluating whether we need or can afford LNG," he said. "Oregon can take this problem into its own hands with a new bill announced in Salem this week (January 13). The bill would require a needs analysis before giving LNG companies state lands or water rights. We shouldn't allow the Bradwood project to condemn land, harm salmon, and increase our greenhouse gas emissions when there is clearly no need for the project in Oregon."

Puget Island resident George Exum, a marine engineer and chair of Wahkiakum Friends of the River, said he was disgusted by FERC's decision.

"The decision is absurd," Exum said. "FERC doesn't even have completed studies or designs to evaluate the impacts on endangered salmon. We know that Bradwood LNG will kill salmon, and we are relying on the states of Oregon and Washington to protect the residents of Wahkiakum County and the Columbia River from this destructive project."

Riverkeeper and other citizen groups announced January 13 that they will seek passage of a law to require state agencies to first determine if there is a need for LNG in the state before issuing any permits.

Bradwood's developer, Houston-based NorthernStar Natural Gas Inc., and a coalition of Oregon business and labor who are supporting the project, welcomed FERC's decision .

They repeated their pledge to comply with all state and federal laws, as well as the much-disputed contention that Oregon needs new sources of natural gas and that importing LNG will eventually lower the price of natural gas in the state.

Construction on the proposed terminal and pipeline cannot begin until all project conditions have been satisfied, including state permits for clean air, clean water and coastal zone management. In addition, the National Marine Fisheries Service must complete their consultation process and issue a Biological Opinion as required under the Endangered Species Act.