Published: Friday, August 14, 2009
Federal judge halts Maury Island gravel mine work
SEATTLE — A federal court judge in Seattle on Thursday halted a controversial expansion of a Maury Island gravel mine and ordered federal studies to consider the consequences to salmon and orcas.
U.S. District Court Judge Ricardo Martinez sided with environmentalists who had sued the U.S. Army Corps of Engineers over its failure to formally consult with federal fisheries biologists on the project’s impact to endangered species.
The corps had issued a federal permit to a Glacier Northwest subsidiary to build a 305-foot dock for its gravel mine, located in the Maury Island Aquatic Reserve in south Puget Sound, near Vashon Island.
Preserve Our Islands and other environmental groups sued last fall, saying the barge-loading pier would harm critical habitat for Puget Sound chinook and other protected species.
They argued the National Marine Fisheries Services should have prepared a so-called biological opinion to look at whether the project harmed endangered species, including Puget Sound chinook salmon, bull trout and orcas.
“This is huge,” said David Mann, an attorney representing environmentalists, including People for Puget Sound and the Washington Environmental Council. “The judge recognizes that you can’t do things the same way. It’s a huge project in a special area.”
The judge said the federal agencies didn’t take the requisite “hard look” at the environmental consequences of the proposed project. He ordered a halt to construction until those federal studies were completed.
“Obviously, we’re disappointed,” said Pete Stoltz, Glacier Northwest’s permit coordinator. “We participated in the entire process, provided all the information required.”
“We’re hopeful that the process could happen expeditiously,” he said, adding that the company will cooperate fully with federal environmental reviews.
Such reviews could take over a year to complete.
State public Lands Commissioner Peter Goldmark issued a statement late Thursday saying the company’s lease with the state to build the dock is no longer in good standing. “It is imperative that we protect Puget Sound,” he said.
Last month, Goldmark had asked the company to halt operation of its gravel mine until it showed how it was complying with terms of a state lease. That lease was granted by Goldmark’s predecessor near the end of his term.
U.S. District Court Judge Ricardo Martinez sided with environmentalists who had sued the U.S. Army Corps of Engineers over its failure to formally consult with federal fisheries biologists on the project’s impact to endangered species.
The corps had issued a federal permit to a Glacier Northwest subsidiary to build a 305-foot dock for its gravel mine, located in the Maury Island Aquatic Reserve in south Puget Sound, near Vashon Island.
Preserve Our Islands and other environmental groups sued last fall, saying the barge-loading pier would harm critical habitat for Puget Sound chinook and other protected species.
They argued the National Marine Fisheries Services should have prepared a so-called biological opinion to look at whether the project harmed endangered species, including Puget Sound chinook salmon, bull trout and orcas.
“This is huge,” said David Mann, an attorney representing environmentalists, including People for Puget Sound and the Washington Environmental Council. “The judge recognizes that you can’t do things the same way. It’s a huge project in a special area.”
The judge said the federal agencies didn’t take the requisite “hard look” at the environmental consequences of the proposed project. He ordered a halt to construction until those federal studies were completed.
“Obviously, we’re disappointed,” said Pete Stoltz, Glacier Northwest’s permit coordinator. “We participated in the entire process, provided all the information required.”
“We’re hopeful that the process could happen expeditiously,” he said, adding that the company will cooperate fully with federal environmental reviews.
Such reviews could take over a year to complete.
State public Lands Commissioner Peter Goldmark issued a statement late Thursday saying the company’s lease with the state to build the dock is no longer in good standing. “It is imperative that we protect Puget Sound,” he said.
Last month, Goldmark had asked the company to halt operation of its gravel mine until it showed how it was complying with terms of a state lease. That lease was granted by Goldmark’s predecessor near the end of his term.
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