LUBA UPHOLDS CLATSOP COUNTY'S OREGON PIPELINE WITHDRAWAL

The Oregon Land Use Board of Appeals has upheld Clatsop County’s decision to withdraw its earlier approval of the consolidated land-use application from Oregon Pipeline LLC

The ruling, issued Thursday, Feb. 17, rejects a challenge filed by the project developer regarding the deadline for the county board of commissioners’ Jan. 14 decision.

LUBA’s decision clears the way for the scheduled March 9 hearing before the commissioners on its reconsideration of the application.

The board of commissioners originally voted Nov. 8, 2010 to accept a hearings officer’s ruling and grant approval to the consolidated application from Oregon Pipeline to build 41 miles of pipeline to serve a proposed liquefied natural gas terminal in Warrenton. The decision was appealed to LUBA by project opponents Columbia Riverkeeper and NW Property Rights Coalition.

The board, with three new members, voted Jan. 12 to file a notice of withdrawal with LUBA for reconsideration of the November 2010 ruling. Jurisdictions have the authority to withdraw land-use decisions, for the purpose of reconsideration, prior to completing and filing the record of the process with LUBA.

The original filing deadline was Dec. 15, 2010, but the county sought and received from LUBA a 30-day extension to prepare the nearly 12,000-page record, moving the deadline to Jan. 14.

In its filing with LUBA, Oregon Pipeline argued that the county’s filing deadline should have been the original Dec. 15, 2010 date, regardless of the extension. It also argued that the county sought the extension for the purpose of giving the three new commissioners the opportunity to vote on the withdrawal. The new commissioners – Debra Birkby, Peter Huhtala and Scott Lee – were sworn into office Jan. 12.

LUBA rejected both arguments. The LUBA ruling can be viewed on the “Oregon LNG” page at www.co.clatsop.or.us.

The board will hold a limited public hearing at 3:30 p.m. March 9 at the Judge Guy Boyington Building, 857 Commercial St., Astoria to review the existing record and take testimony only from the project applicant and Columbia Riverkeeper. No testimony will be taken from the public, but citizens may submit written arguments by 5 p.m. Wednesday, Feb. 23. Those submissions may be mailed to Clatsop County Transportation and Development Services, 800 Exchange St. Suite 100, Astoria OR 97103; emailed to comdev@co.clatsop.or.us or faxed to (503) 338-3666.