King County executive supports Army Corps’ decision against coal terminal permit
Published 12:20 pm Tuesday, May 10, 2016
King County Executive Dow Constantine issued the following statement in regard to the U.S. Army Corps of Engineers’ decision to deny permits needed to build the proposed Gateway Pacific Terminal (GPT) at Cherry Point, near Bellingham.
“The decision by the U.S. Army Corps of Engineers is a victory for Tribal treaty fishing rights, safer communities, and a cleaner environment across the Pacific Northwest.
“I want to thank the Corps for carefully reviewing impacts and making a decision that upholds Tribal treaty fishing rights, protects cultural resources, and honors the promise we made to local Native American tribes.
“This decision is good news for the Lummi Nation and Northwest Tribes, and for communities across our region that would have been impacted by rail and barge traffic from the largest proposed coal terminal in the United States.
“The coal terminal would have brought 18 coal trains per day – each a mile-and-a-half long – through the heart of cities (including Kent) throughout Central Puget Sound and across the Cascades, snarling traffic and causing air and water pollution while bringing very little economic benefit.
“Proposed coal and oil terminals in Oregon, Washington and British Columbia are truly regional and national concerns. That is why I and more than 165 elected leaders from four states and British Columbia have joined together through the Safe Energy Leadership Alliance to stand up for our shared interests in public safety, sustainable economic development, clean air and water, and Treaty rights.
“At the same time, we need to work together to invest in sustainable economic development that will create family wage jobs in a clean-energy economy.
“We will continue to advocate for full review of the costs and impacts of these terminals, but for today, we join the Lummi Nation in celebrating this historic victory.”
On Monday, Corps Seattle District Commander Col. John Buck determined the proposal cannot be permitted due to effects on the Lummi Nation’s treaty rights and because of the Lummi Nation’s objection to the proposal.
“I have thoroughly reviewed thousands of pages of submittals from the Lummi Nation and Pacific International Holdings,” said Buck in a media release. “I have also reviewed my staff’s determination that the Gateway Pacific Terminal would have a greater than de minimis impact on the Lummi Nation’s U&A rights, and I have determined the project is not permittable as currently proposed.”
In 2015 the Seattle District received a request from the Lummi Nation for the Corps to deny a permit requested for the GPT project proposed by Pacific International Holdings, LLC. The Lummi cited impacts to their usual and accustomed treaty rights and included affidavits about their fishing practices and statements about potential impacts from the construction and operation of the terminal. The developer’s plan to build numerous docks across the water would have restricted access to fishing areas by the Lummi Nation.
The Lummi Nation signed the Treaty of Point Elliot in 1855, which established the Suquamish Port Madison, Tulalip, Swinomish, and Lummi reservations and guaranteed fishing rights in perpetuity at each tribes’ Usual and Accustomed (U&A) fishing areas. The GPT project area is included in their U&A fishing area.
