State, citizens go to court to fight Bradwood Landing

The State of Washington and a coalition of citizen groups last week filed action in federal court to overturn Federal Energy Regulatory Commission (FERC) approval of the Bradwood Landing liquefied natural gas plant (LNG) project.

Citing the Clean Water Act and the inadequacy of a federal environmental review, the Washington Department of Ecology asked the Ninth Circuit Court of Appeals to overturn FERC's decision to license an energy project across the Columbia River from Cathlamet and Puget Island.

Meanwhile, Columbia Riverkeeper and its partners also filed a challenge to FERC approval of the Bradwood LNG terminal. The coalition included Columbia Riverkeeper, Oregon Chapter of the Sierra Club, Washington LNG opponents, and landowners affected by the proposed sendout pipeline.

Oregon state officials had filed similar actions earlier this month.

If the challenge is successful, the FERC will have to reconsider its September, 2008, decision to approve the proposed Bradwood Landing project, which is proposed by NorthernStar Natural Gas, LLC. The terminal would be built in Oregon with the natural gas pipeline extending across the Columbia and through Cowlitz County.

Gov. Chris Gregoire and Ecology director Jay Manning have contended FERC acted prematurely by giving the project licensing approval without conducting a complete environmental review and in advance of Washington state processing necessary permits.

"Time and again, FERC has overstepped its boundaries and given premature approval to projects like Bradwood Landing without considering states' rights in the process," Manning said in a February 12 news release. "Our action today continues our jurisdictional battle to preserve the state's role in deciding whether a project can be constructed and operated within our borders."

In September, Gov. Gregoire directed Ecology to assist Cowlitz County in conducting a thorough environmental review of the Bradwood Landing project under the State Environmental Policy Act to determine whether construction and operation of the pipeline can meet state water quality standards. The state asserts this review must happen ahead of FERC exercising its licensing authority.

The federal court will schedule the filing and receipt of briefs as well as hearing arguments. This process usually takes more than a year, Manning said.

"We are pleased that the States of Oregon and Washington have joined this challenge of FERC's illegal decision," Brett VandenHeuvel, Columbia Riverkeeper executive director said in a February 12 news release.

"The broad coalition opposing FERC's approval is an indictment of the Bush Administration's flawed decision and flawed energy policy."

George Exum, chair of Wahkiakum Friends of the River, applauded Ecology's decision.

"We think it's remarkable that the FERC decision is facing challenges, not only from citizen groups, conservationists, fishermen, and farmers, but also from the States of Oregon and Washington," he said. "FERC obviously botched this process, and we support Ecology's decision to protect Washington's interests."

Dan Serres, with Columbia Riverkeeper, outlined the Coalition's reasons for appeal.

"LNG is extremely unpopular due to its cost, unstable sources, and safety threats," he said. "Worse yet, there is no need to commit Oregon and Washington to another generation of foreign fossil fuel dependency."