“Judge rules against Oregon LNG in land dispute”

LNG World News. Aug. 3, 2015.

“Army Corps prevails over Oregon LNG on easement”

Daily Astorian. Aug. 3, 2015.

Court Delivers Major Blow for Oregon LNG Project on Columbia River

IMMEDIATE RELEASE


Federal Judge Rules against Oregon LNG in Property Dispute over Proposed Terminal Site


July 31, 2015 (Portland, Oregon) –
A federal judge handed Oregon LNG a significant setback today. Oregon LNG proposes building a liquefied natural gas (LNG) terminal on the East Skipanon Peninsula near Warrenton, Oregon, to export North American natural gas overseas. According to today’s ruling, the U.S. Army Corps of Engineers has a valid legal right to use this property to deposit dredge spoils at the proposed terminal site. Unless the Army Corps is willing to forfeit the easement, Oregon LNG cannot build the proposed terminal.

“The Corps vigorously defended this lawsuit to protect a valuable public property right and the court got it right,” said Miles Johnson, Clean Water Attorney for Columbia Riverkeeper. “Today’s ruling could spell the end to Oregon LNG’s ten-year effort to site one of the most destructive, dangerous projects we’ve ever seen proposed on the Columbia River.”

Clatsop County gave the Army Corps an easement to place dredge spoils on the East Skipanon Peninsula in 1957. Since then, the Army Corps placed hundreds of thousands of cubic yards of dredge spoils there. Oregon LNG claimed that the easement was never valid. Citing the federal Quiet Title Act’s statute of limitations, the judge dismissed Oregon LNG’s suit and held that any challenge to the Army Corps’ easement should have been brought years ago.

“Without this easement, Oregon LNG cannot build their terminal in Warrenton. This news is a major victory for the estuary. We’ve been fighting over ten years to save our homes and community,” said Cheryl Johnson, a retired school librarian and local activist representing Columbia Pacific Common Sense.

Local residents and conservation groups have fought against Oregon LNG because the project threatens community safety, salmon habitat, farms and forestlands. According to a 2014 U.S. Department of Energy report, the climate change impacts of LNG export to Asia are worse than coal. Natural gas for LNG export comes from fracking in the western U.S. and Canada, and the long, energy-intensive supply chain of LNG exports releases enormous amounts of climate changing pollution. The project requires hundreds of miles of new gas pipelines to send the fracked gas overseas.

The Army Corps and Oregon LNG have tried unsuccessfully to resolve the property dispute since 2009. “If the Corps keeps its easement, Oregon LNG will not have a place to build,” said Dan Serres, Conservation Director for Columbia Riverkeeper. The court’s Order Granting Motion to Dismiss is available on Columbia Riverkeeper’s website.

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Background information
Currently, there are two proposals to locate LNG facilities on the Oregon Coast and the Columbia River, coupled with associated proposals to construct hundreds of miles of new natural gas pipelines throughout Oregon and Washington. Oregon LNG has faced a rocky path over the last ten years since first leasing the property, including: Oregon LNG was the subject of a criminal investigation into its illegal action to obtain the lease; Oregon LNG sued the Port of Astoria when the Port wanted to get out of the questionable lease; and Oregon LNG sued Clatsop County after the County rejected the LNG pipeline application.

LNG Development Company v. Army Corps of Engineers, Case no.: 3:14-cv-1239-AC:

About Columbia Riverkeeper
Columbia Riverkeeper’s mission is to protect and restore the water quality of the Columbia River and all life connected to it, from the headwaters to the Pacific Ocean. Representing over 8,000 members and supporters, Columbia Riverkeeper works to restore a Columbia River where people can safely eat the fish they catch, and where children can swim without fear of toxic exposure. The organization is a member of Waterkeeper Alliance, the world’s fastest growing environmental movement, uniting more than 200 Waterkeeper organizations worldwide. For more information go to columbiariverkeeper.org.

About Columbia Pacific Common Sense
Columbia Pacific Common Sense was formed in 2009 to oppose the Oregon LNG and Bradwood Landing LNG projects planned for sites along the Columbia River.


PDF of Press Release

Tell the City of Warrenton to Reject Oregon LNG!

The City of Warrenton will hold a hearing to decide whether Oregon LNG’s massive proposed liquefied natural gas (LNG) export terminal would comply with the City’s local land use laws.  The City will consider the terminal’s potential impacts to local public safety, water quality, fishing, public access, and traffic. Riverkeeper will provide more information about the hearing as it approaches.  For now, please save the date and plan to join us in Warrenton!

Warrenton Oregon LNG Hearing
September 2, 2015, at 5pm
Warrenton Community Center at 170 SW 3rd St in Warrenton, OR

“State land use board upholds Clatsop County ruling on Oregon LNG”

Daily Astorian. April 29, 2015.

“State board upholds county denial of permit for Oregon LNG pipeline”

The Oregonian. April 29, 2015.

Science Shows Vital Fish Habitat Threatened by Proposed Oregon LNG Terminal

Columbia Riverkeeper, local and state agencies, and tribes recently submitted detailed comments to the U.S. Army Corps of Engineers (Corps), and to the Oregon Department of Environmental Quality that describe why Oregon LNG’s project would violate environmental laws. Over two dozen fishing, landowner, community safety, and conservation organizations joined Riverkeeper on these comments:

Youngs Bay photo courtesy of "Salmon for All."

Youngs Bay photo courtesy of “Salmon for All.”

FOR IMMEDIATE RELEASE

SCIENCE SHOWS VITAL FISH HABITAT THREATENED BY PROPOSED
OREGON LNG TERMINAL


Experts and Agencies Flag Major Problems in Massive LNG Export Proposal


Feb. 5, 2015 (Portland, OR) – Fisheries experts and agencies are raising serious concerns about how a proposed liquefied natural gas (LNG) terminal at the mouth of the Columbia River would impact endangered salmon and commercial and sport fishing. The Oregon LNG project proposes dredging an area the size of 102 football fields in critical salmon habitat and building a pipeline that would cross over 100 streams and rivers – a combination that is drawing sharp criticism from fisheries experts and agencies weighing in on the first major public comment opportunity for Oregon LNG’s project.

Commercial fishermen fishing on Youngs Bay, photo by "Salmon for All."

Commercial fishermen fishing on Youngs Bay, photo by “Salmon for All.”

“This project flies in the face of good science and good public policy,” said Columbia Riverkeeper Conservation Director, Dan Serres. “From the stand point of destroying salmon habitat, Oregon LNG’s project is at a scale unlike any other private project in the Lower Columbia River. So it is not surprising that biologists and other scientists looking at this project are raising red flags.”

Columbia Riverkeeper, local and state agencies, and tribes recently submitted detailed comments to the U.S. Army Corps of Engineers (Corps), which is considering issuing permits for the pipeline and terminal. In addition, the Oregon Department of Environmental Quality (DEQ) is collecting public comments until February 16, 2015. Oregon LNG cannot build the terminal and gas pipeline without permits from DEQ and the Corps.

Not only would the project harm salmon habitat, but it also presents a risk to a vibrant local fishing industry. Because the Oregon LNG project could disrupt access for fishers, crabbers and other boaters in the Astoria/Warrenton area, several fishing associations joined comments that urged the Corps to deny the Oregon LNG proposal.

“Putting a massive LNG terminal in the heart of the lower Columbia’s most popular commercial and recreational fishery undermines decades of work to protect fishing opportunities in the lower Columbia River,” said Bob Rees, Columbia River fishing guide and Executive Director of the Association of Northwest Steelheaders. “On top of this, our region has invested billions of dollars in restoring salmon habitat. And a lot of this money is focused in the Columbia River Estuary near Oregon LNG’s project. The contradictions beg for bold action from regulators to protect the Pacific Northwest’s fishing heritage.”

Cheryl Johnson, a Clatsop County resident and retired school librarian, stated, “Our community has spoken loud and clear in opposition to LNG, and we are thrilled to see new evidence from experts that supports our long-standing support for a clean, healthy, LNG-free estuary.”

Key expert agency comments submitted to the Corps:

The Oregon Department of Fish and Wildlife (ODFW) raised concerns for the project to harm fishing, writing, “…the application does not adequately characterize the potential for substantial disruption of this socially and economically important fishery during construction and operation of the marine terminal complex.”

The Columbia River Estuary Study Taskforce (CREST) explained that Oregon LNG undermined ongoing, important restoration efforts in the Estuary, stating, “The proposed project will impact limited and fragmented habitats and ongoing salmon recovery efforts. The entire peninsula has a high potential for restoration, is close to the mouth of the Columbia River, and is hydrologically connected to ongoing restoration work in the Skipanon River, Youngs Bay, and Youngs Bay tributaries.”

Richard N. Williams, a Ph.D. Fisheries expert who reviewed the Oregon LNG proposal, concluded that “…it is clear that construction and operation of the proposed OLNG project would negatively impact ESA-listed salmonids of a variety of species and life stages throughout the entire year.”

ABOUT COLUMBIA RIVERKEEPER
Columbia Riverkeeper’s mission is to protect and restore the water quality of the Columbia River and all life connected to it, from the headwaters to the Pacific Ocean. Representing over 8,000 members and supporters, Columbia Riverkeeper works to restore a Columbia River where people can safely eat the fish they catch, and where children can swim without fear of toxic exposure. The organization is a member of Waterkeeper Alliance, the world’s fastest growing environmental movement, uniting more than 200 Waterkeeper organizations worldwide. For more information go to columbiariverkeeper.org/our-work/lng/.


PDF of Press Release
Columbia Riverkeeper: Our Work: LNG

Pressure Mounts for Agencies to Deny Oregon LNG

What does vibrant stencil art (watch video) and dense legal comments have in common? We use them both to protect the estuary from LNG.

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On Thursday, January 22, over 50 people gathered in Warrenton to learn more about the impacts of the Oregon LNG project on public safety and critical salmon habitat. With help from artist Janet Essley, participants in the meeting created new stenciled artwork to express their love of the estuary and their concerns about the Oregon LNG project. The event was the latest step in raising public awareness about the Oregon LNG project and the role local, state, and federal agencies can play in denying the destructive, polluting terminal and pipeline. yes

At the same time, Riverkeeper submitted detailed legal comments drafted by our Staff Attorney, Lauren Goldberg, that describe why Oregon LNG’s project would violate environmental laws. Read our comments here if you want the full story. Your support powers our in-depth legal analysis, which preserves our right to appeal. Over two dozen fishing, landowner, community safety, and conservation organizations joined Riverkeeper on these comments.

Take a moment today to comment online and explain your concerns about Oregon LNG’s impact on salmon, water quality, habitat, and fishing. Click here to tell DEQ to deny Oregon LNG!

Riverkeeper, Agencies, and Tribes Identify Risk of LNG Terminal For Fish and Fishing

Already, Riverkeeper, key local and state agencies, and tribes have identified major problems with Oregon LNG’s proposal. These groups and agencies registered their concerns with the Army Corps of Engineers, which must decide whether to approve massive dredging in critical salmon habitat for the proposed terminal and pipeline. In its comments to the Corps, Riverkeeper commissioned an expert review of the proposed Oregon LNG terminal, which concluded, “…it is clear that construction and operation of the proposed OLNG project would negatively impact ESA-listed salmonids of a variety of species and life stages throughout the entire year.”[i] Riverkeeper is not alone in raising concerns about Oregon LNG. In comments to the Corps, the Columbia River Estuary Study Taskforce (CREST) summarized Oregon LNG’s impact by stating, “The proposed project will impact limited and fragmented habitats and ongoing salmon recovery efforts.” CREST continued by explaining that the site of the proposed Oregon LNG terminal would be more appropriately used for salmon restoration, writing, “The entire peninsula has a high potential for restoration, is close to the mouth of the Columbia River, and is hydrologically connected to ongoing restoration work in the Skipanon River, Youngs Bay, and Youngs Bay tributaries.”

Not only would the project harm salmon habitat, but it also presents a risk to a vibrant local fishing industry. The Oregon Department of Fish and Wildlife (ODFW) identified major potential disruptions to local commercial and sports fishing because of exclusion zones required for LNG tankers to keep LNG export tankers safe. ODFW stated:,“the application does not adequately characterize the potential for substantial disruption of this socially and economically important fishery during construction and operation of the marine terminal complex. For instance, this fishery experienced 107,700 angler trips in 2014 with a combined catch of nearly 84,500 salmon.” Because the Oregon LNG project could disrupt access for fishers and other boaters in the Warrenton area, several fishing groups also urged the Corps to deny the Oregon LNG proposal.

Upcoming Opportunities to Make Your Voice Heard About Oregon LNG
Oregonians and Washingtonians are saying No to LNG, and Oregon’s Department of Environmental Quality (DEQ) should do the same! In the next few weeks, DEQ is seeking our input on Oregon LNG’s controversial proposal to decimate salmon habitat in the Columbia River for its LNG export terminal and pipeline.

We had great turnout in at the DEQ meetings in Warrenton and Vernonia on January 27 and 29. See Daily Astorian coverage. We urge local activists to attend upcoming meetings to demonstrate your opposition and urge DEQ to conduct a detailed, independent review of Oregon LNG. Dates for future meetings to be announced.

Oregon LNG cannot build its destructive, polluting terminal and gas pipeline without approvals from DEQ. We need your voice in persuading DEQ to deny Oregon LNG – make that happen by submitting your comment today.

[i] Review of the draft Biological Assessment and Essential Fish Habitat Assessment for Proposed Oregon LNG Terminal Project. Richard Williams, PhD. Clear Creek Consulting. January 8, 2015.

Future Of Oregon LNG Terminal Could Hinge on 1957 Easement

OPB Earthfix Dec.22. 2014

Oregon LNG May Not Have Right to Land to Build Terminal

LNG Company Sues Federal Government in Property Dispute

Dec. 22, 2014 (Portland, OR) — The controversial “Oregon LNG” Liquefied Natural Gas (LNG) terminal proposed at the mouth of Columbia River hit an unexpected problem: the company may not have access to the land where it proposes building the terminal. According to court filings, the U.S. government has an easement over the proposed LNG site for disposing dredge spoils. Oregon LNG sued the United States to gain access to the land. That lawsuit is pending, and the resolution of the lawsuit may decide the fate of the LNG export terminal.

“Oregon LNG clearly did not do their homework,” said Laurie Caplan, Astoria resident and local activist representing Columbia Pacific Common Sense. “We’ve been fighting over ten years to protect our community, and this is welcome news.”

The U.S. Army Corps of Engineers (Corps) received a permanent right, called an easement, in 1957 to dump dredge spoils on the East Skipanon Peninsula in Warrenton, Oregon—the very site of the proposed LNG terminal—in exchange for opening up the Skipanon River to navigation (see attached map of easement, shown in red). Today, hundreds of salmon fishermen, sailors, and commercial fishermen keep boats in popular marinas on the Skipanon.

“We’re pleased that the Corps is standing up to protect access to the Columbia River,” said Brett VandenHeuvel, Executive Director of Columbia Riverkeeper. “It’s simple, you cannot build a massive LNG terminal where the federal government has an easement to deposit dredge spoils. In addition, siting a massive LNG terminal in the heart of the Columbia River’s most productive salmon fishery is a huge mistake.”

Legal proceedings in the case, LNG Development Company v. Army Corps of Engineers, Case no.: 3:14-cv-1239-AC, began in August when Oregon LNG filed a Quiet Title action in federal district court against the Corps. The Corps filed a motion to dismiss in November, and Oregon LNG filed an amended complaint in December. The land is owned by the State of Oregon, which issued a lease to the Port of Astoria, who in turn subleased the land to Oregon LNG.

Local residents and conservation groups have fought against Oregon LNG because the project will threaten community safety, destroy salmon habitat, harm farms and forestlands with hundreds of miles of new gas pipelines, and send “fracked” gas to Asia.

Oregon LNG has faced a rocky path over the last ten years since first leasing the property, including: Oregon LNG was the subject of a criminal investigation into its illegal action to obtain the lease; Oregon LNG sued the Port of Astoria when the Port wanted to get out of the questionable lease; and Oregon LNG sued Clatsop County after the County rejected the LNG pipeline application.

Map of Proposed Oregon LNG terminal layout on the East Skipanon Peninsula.

Map of Proposed Oregon LNG terminal layout on the East Skipanon Peninsula.

Exhibit submitted by the Corps to the court showing the Corps' 1957 easement in red over the Skipanon Peninsula

Exhibit submitted by the Corps to the court showing the Corps’ 1957 easement in red over the Skipanon Peninsula

 

 

 

 

 

 

 

 

 

 


Resources


Protect the Northwest from LNG Export!
Deadline is Jan. 17, 2015: DEQ and the Corps are holding a public comment period to decide whether to issue key permits for Oregon LNG’s terminal and pipeline. Now is the time to raise your voice to convince them to deny these critical permits. Submit your comment today.


Columbia Riverkeeper Executive Director Brett VandenHeuvel shares updates regarding the controversial “Oregon LNG” Liquefied Natural Gas (LNG) terminal proposed at the mouth of Columbia River:

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