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.

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:

[youtube]http://youtu.be/QDKpdWpAB3Y[/youtube]