RE Sources files 60 day notice of intent to sue SSA Marine for Clean Water Act violations at Cherry Point
Is SSA’s unpermitted land clearing a sign of what Whatcom County should expect?
Whatcom County— RE Sources for Sustainable Communities today
filed a 60-day notice of intent to sue Pacific International Terminals, Inc.,
SSA Marine’s subsidiary corporation created to develop the proposed Gateway
Pacific Terminal (GPT) at Cherry Point. The notice is based on Clean Water Act
violations committed as part of SSA Marine’s unpermitted clearing of land and
wetland modification at the site where SSA plans to build North America’s
largest coal terminal.
“We waited patiently
for the responsible agencies to take the proper steps when SSA Marine broke the
law and violated water quality protections,” said Bob Ferris Executive Director
for RE Sources. “They did not, so we are.”
This 60-day notice
comes on the heels of wetland scientists at the Department of Ecology
criticizing the minimal mitigation requirements issued by Whatcom County’s
Planning and Development Services for the retroactive clearing permits, and
failure to impose the mandatory six-year permit moratorium.
“SSA Marine has
repeatedly promised to meet or exceed health and environmental protections in
developing the Cherry Point coal terminal. Yet the company’s illegal logging is
part of a track record of violating environmental safeguards and calls into
question whether we can trust this company in the future,” said Matt Krogh,
North Sound Baykeeper at RE Sources.
A case in point is SSA’s
own discharge reports at Terminal 18 in Seattle over the last year and a half that
have shown pollutant levels hundreds of times the state’s allowable standards.
This violation is currently the subject of litigation filed by Puget
Soundkeeper Alliance in Seattle, Washington.
Another issue of
concern for RE Sources is the potential for a biased process in permitting the
Gateway Pacific Terminal. Locally, land owners have been served by Whatcom
County with land use moratoriums even if they already had permission from the
DNR to cut trees—but when SSA had no county permits and no DNR permission to
cut more than 9 acres of forest and wetlands, they only received a slap on the
wrist from the County.
“Treating this violation any differently from
other violations creates the impression—rightfully or wrongly—of uneven
application of the statutes,” said Mr. Ferris.
“Given SSA’s history
of exercising political pressure, agencies need to be especially careful to
avoid the appearance of undue influence.”
RE Sources is
represented by Smith & Lowney, PLLC, of Seattle.
RE
Sources is a 501(c) 3 non-profit organization that includes the North Sound
Baykeeper. Neither RE Sources or
the North Sound Baykeeper receives direct financial benefits from lawsuits
filed under the auspices of the citizen suit provision of the Clean Water Act.
CONTACTS:
Matt Krogh (360)
820-2938, mattk@re-sources.org
**************
{Links below to two
moratorium examples where the County took unilateral action to find conversion,
regardless of DNR permits}
In
this example, the DNR provided a permit for clearing, but the County imposed
the 6-year moratorium anyway for failure to file the appropriate County
paperwork: http://www.co.whatcom.wa.us/council/hearing_examiner/decisions/2010/leghorn.pdf
Similar
in this case, except the problem is explicitly that the clear-cutter didn't
obtain a County Conversion Option Harvest Plan--clearly indicating that the
County, regardless of the DNR Class III Forest Practices permit, felt entitled
to impose a 6 year moratorium based on the conversion determination: http://www.co.whatcom.wa.us/council/hearing_examiner/decisions/2009/tramf.pdf
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ReplyDeleteThe recent lawsuit filed by RE Sources against Pacific International has brought attention to the alleged violations at Cherry Point. This legal action sheds light on the importance of environmental protection and holding accountable those who disregard regulations. With RE Sources taking a stand against Pacific International, it is evident that they are committed to safeguarding our natural resources and ensuring responsible industrial practices. In this section, we will delve into the details of the lawsuit and explore the implications it may have on both parties involved and the wider community affected by these violations.
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