Oregon Court of Appeals finds Clatsop County commissioner not biased against LNG project, reversing Land Use Board of Appeals decision
Dec. 17, 2014 (Salem, OR) — Today the Oregon Court of Appeals ruled in favor of Clatsop County, upholding the County’s decision to deny a key permit for the Oregon Liquefied Natural Gas (LNG) pipeline. Last year Oregon LNG challenged the County’s decision to deny the permit on the grounds of bias. Columbia Riverkeeper intervened on behalf of Clatsop County. The Oregon Land Use Board of Appeals (LUBA) sided with the LNG company on a preliminary issue, finding that one of the County Commissioners was biased. Today, in a unanimous decision, the Oregon Court of Appeals reversed LUBA’s decision, rejecting LUBA’s conclusions that a county commissioner was biased and affirming the process that led to the County’s 5-0 vote to reject the Oregon LNG pipeline.
Without the County’s approval, the proposed LNG pipeline in Clatsop County is dead in the water, as state law prohibits the LNG company from securing state environmental permits or certifications without county land use permits.
“We are thrilled that the Oregon Court of Appeals chose to respect the people of Clatsop County’s decision to deny Oregon LNG’s natural gas export pipeline,” said Cheryl Johnson, a retired school librarian and local activist representing Columbia Pacific Common Sense.
In October of 2013 Clatsop County Board of Commissioners voted to reject the Oregon LNG pipeline. The County Commissioners concluded that Oregon LNG’s proposed 41-mile long, high-pressure gas pipeline violated the county’s land use rules on dozens of grounds. Oregon LNG challenged this decision, arguing that three County Commissioners were biased. LUBA agreed with the LNG company in part, finding that one commissioner was biased and therefore had to recuse himself. LUBA did not reach the merits of the case. In today’s decision, the Oregon Court of Appeals reversed LUBA. As a result, the Court sent the County’s decision to deny Oregon LNG’s pipeline back to LUBA to reach the merits. If LUBA upholds the decision on any ground, the County’s decision to deny the pipeline stands.
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.
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.
Court Opinion: 2014.12.17 Ct of App Opinion
PDF of Press Release
