Bradwood Landing: DEQ Suspends Review Of Bradwood Landing Due To Referendum And LUBA Decision

Key Oregon agency deals blow to Bradwood‏
From:
c-r-b-a@googlegroups.com on behalf of Peter Huhtala (peterhuhtala@gmail.com)
Sent:
Fri 2/27/09 3:38 AM
To:
C-R-B-A@googlegroups.com
DEQ SUSPENDS REVIEW OF LNG PROJECT DUE TO REFERENDUM AND LUBA DECISION

The Oregon Department of Environmental Quality (DEQ) has suspended review of the air and water discharge permits requested by the Bradwood Landing LNG terminal because of two important victories by LNG opponents.

DEQ cannot review permit applications if the project violates local land use laws.

First, Clatsop County Citizens for Common Sense passed a referendum on September 16, 2008 that barred LNG pipelines in protected areas.

Second, Columbia Riverkeeper and partners won a challenge at the Land Use Board of Appeals (LUBA) that overturned the county’s approval of Bradwood Landing.

Based on these two victories, DEQ has suspended review of all permits for the LNG terminal and pipeline.

“DEQ’s action of suspending the permits is another major blow to Bradwood Landing,” stated Brett VandenHeuvel, Executive Director of Columbia Riverkeeper. “Bradwood is trying to push through an incredibly unpopular project, but sixty-seven percent of Clatsop voters rejected the pipeline and LUBA overturned the rest. Considering the broad state-wide opposition and Bradwood’s legal problems, I don’t see this as a viable project.”

A letter issued yesterday from the Oregon Department of Justice said that DEQ will likely deny the permits if Bradwood does not agree to suspend them.

The Department of Justice stated, “if Bradwood is not agreeable to such a suspension, DEQ will be forced to proceed and that means the likely denial of the NPDES and ACDP permits based on the lack of compatibility with . . . land use regulations.”

“Bradwood is over a barrel with DEQ saying either suspend your permits for a long time or we will deny them now,” Brett VandenHeuvel stated.

Laurie Caplan, referendum organizer for Clatsop County Citizens for Common Sense, stated, “We’re celebrating because DEQ’s action is a direct result of our referendum that rejected LNG pipelines. It’s the truest example of democracy where citizens can choose to protect our local economy and safety instead of being a back door to send gas to California.”

“We’re pleased that Bradwood’s permits are suspended because LNG is bad for business. It will harm the fishing industry, decrease property values, compete with renewable energy projects, and stain Oregon’s green reputation,” stated Peter Huhtala, Executive Director of the Columbia River Business Alliance (co-petitioners in the LUBA victory).

The following parties prevailed in the LUBA appeal: Columbia Riverkeeper, Columbia River Business Alliance, Oregon Chapter of the Sierra Club, Columbia River Clean Energy Coalition, Jack Marincovich, and Peter Huhtala (represented by Jan Wilson of the Western Environmental Law Center) and the Columbia River Inter-tribal Fish Commission (represented by Julie Cater).

An NPDES (National Pollutant Discharge Elimination System) permit is a state permit necessary to discharge polluted water into the river. An ACDP (Air Contaminant Discharge Permit) is a state permit necessary to discharge air pollution. Bradwood cannot go forward without both permits. Section 401 of the Clean Water Act requires the state to certify that the project complies with state water quality standards. DEQ has also suspended the application for this permit.