Opening Legal Briefs Filed Challenging FERC’s Approval of Bradwood LNG

Columbia Riverkeeper and conservation partners filed the opening legal brief in the United States 9th Circuit Court of Appeals on January 25 challenging the Federal Energy Regulatory Commission’s (FERC) approval of Bradwood Landing LNG terminal and pipeline.

“FERC failed to consider the harm to salmon and the very real costs of this project to Oregon’s farms, forests, and energy prices.” stated Brett VandenHeuvel, CRK’s Executive Director. “In addition, we agree with FERC Chairman Wellinghoff’s conclusion that there is no proven need for LNG in the Pacific Northwest.”

CRK, along with partners Oregon Chapter of the Sierra Club, Landowners and Citizen for a Safe Community, Willapa Hills Audubon Society, and Wahkiakum Friends of the River, filed a 69-page brief describing a long list of FERC’s errors.

The States of Oregon and Washington and the Nez Perce Tribe also filed legal briefs on January 25, challenging FERC’s approval of Bradwood LNG.

“I’ve never seen a project gather this much opposition from across the spectrum. In addition to conservation and property rights’ groups, we’re thrilled that the Oregon, Washington, and the Nez Perce Tribe are aggressively challenging FERC’s decision. Bradwood Landing is once again being exposed as a bad idea,” stated Brett VandenHeuvel.

A victory in the 9th Circuit would revoke FERC’s approval of Bradwood Landing LNG terminal and pipeline.

Columbia Riverkeeper and partners argued that FERC’s legal errors include:
Failing to conduct a needs assessment to see if LNG is necessary and in the public interest; failing to respond to the State of Oregon’s needs assessment showing LNG is not needed and more expensive than domestic natural gas;
Failing to assess and disclose important project designs, such as fish screens to keep endangered salmon from being sucked in with up to 50 million gallons of ballast water per LNG tanker;
Failing to assess the Palomar Pipeline as a “connected action” even though the Palomar Pipeline would be physically connected to Bradwood and has a binding precedent agreement to carry 94% of Bradwood’s gas capacity;
Failing to take the required “hard look” at economic impacts to commercial and recreational fishing, as well as safety impacts to Estuary communities;
Failing to obtain the required state approvals under the Clean Water Act and Coastal Zone Management Act (Oregon and Washington have not approved any part of the project);
Failing to evaluate the impact on threatened and endangered salmon by completing consultation with the National Marine Fisheries Service (the Service sued FERC for this failure as well).

FERC’s response brief is due on March 29, 2010.

CRK and partners are represented in this action by the Pacific Environmental Advocacy Center (PEAC) and Field Jerger LLP.