In 2012, members of the Lummi Nation protest the proposed coal export terminal at Cherry Point near Bellingham by burning a large check stamped "Non-Negotiable."

In 2012, members of the Lummi Nation protest the proposed coal export terminal at Cherry Point near Bellingham by burning a large check stamped "Non-Negotiable."

Feds: Big coal terminal violates tribal rights; permit denied

SEATTLE — The U.S. Army Corps of Engineers on Monday denied a permit to a $700 million project to build the nation’s largest coal-export terminal in northwest Washington state, handing a striking victory to the Lummi tribe which argued the project would violate its treaty-protected fishing rights.

The decision effectively ends the federal environmental review of a deep-water port that would have handled up to 54 million metric tons of dry bulk commodities, mostly coal, at Cherry Point. The venture between SSA Marine and Cloud Peak Energy proposed receiving coal by train from Montana and Wyoming for export to Asia.

Col. John Buck, commander of the corps’ Seattle district, said the project can’t be permitted because the impacts from the trestle and three-vessel wharf would interfere with the tribe’s treaty rights to fish in its traditional areas.

“The corps may not permit a project that abrogates treaty rights,” Buck said during a media briefing.

The Lummi Nation cheered the decision, saying the Corps honored its treaty with the U.S. and recognized that the project would hurt the tribe’s fishing rights.

“It’s great news for the Lummi, a great win for treaty rights and Indian country,” said Tim Ballew, chairman of the tribe with more than 5,000 members and one of the largest tribal fishing fleets in the country. “The record established, and everybody knew, this project would have negative impacts to treaty fishing rights.”

Like many tribes, the Lummi signed a treaty with the U.S. in 1855 in which it ceded its land but reserved the right to hunt and fish in “usual and accustomed” areas.

Project developers said Monday that they are considering all alternatives.

“This is an inconceivable decision. Looking at the set of facts in the administrative summary, it’s quite obvious this is a political decision and not fact based,” Bob Watters, president of Pacific International Terminal, LLC, said in a statement.

The project developers had argued that the most productive fishing for the tribe does not occur near the wharf and that the tribe didn’t provide real evidence that they fished or crabbed a lot in the area.

But the Corps said the tribe showed evidence that members fish near the proposed dock and did so regularly. The agency said the pier itself would impact the tribe’s fishing rights, and that measures proposed by developers wouldn’t minimize those impacts. At a minimum, 122 acres of the tribe’s fishing grounds would be impacted by the project.

Environmental groups opposed to the terminal cheered the decision, calling it a huge win not just for the tribe but in the fight against fossil fuels.

Montana U.S. Rep. Ryan Zinke and other supporters criticized the Corps for issuing a decision before the environmental analysis was complete.

“The Gateway Pacific Terminal is incredibly important to Montana, the Crow, and even to the blue collar workers in Washington State because it is literally the gateway to economic prosperity and rising out of poverty,” Zinke said in statement.

The Crow Nation of Montana has an option for ownership in the new terminal.

Colin Marshall, CEO and president of Wyoming-based Cloud Peak Energy, said in a statement issued by Zinke that the project “has been subjected to an unprecedented parallel process imposed by the Corps that served to pick winners and losers among Native American Tribes with differing interests in the project.”

Last month, project developers asked state and federal regulators to temporarily halt an environmental review that began in 2013, while the Corps heard the Lummi’s request. Buck said the corps’ decision puts an end to that federal environmental analysis. Developers could appeal the decision by suing in federal court.

And tribal leaders say the dispute hasn’t likely ended. “Quite possibly there’s a long road again of us, but our priority is always to protect Cherry Point,” Ballew added.

The project has become a lightning rod in the debate over whether the Pacific Northwest should become a gateway for exporting fossil fuels to Asia.

Environmental groups strongly oppose the proposal, worried about the greenhouse gases pollutants produced by burning coal and other issues such as increased train and vessel traffic. Meanwhile, some business and labor groups say it will create hundreds of jobs and generate tax revenue.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

Everett mall renderings from Brixton Capital. (Photo provided by the City of Everett)
Topgolf at the Everett Mall? Mayor’s hint still unconfirmed

After Cassie Franklin’s annual address, rumors circled about what “top” entertainment tenant could be landing at Everett Mall.

Everett
Everett man sentenced to 3 years of probation for mutilating animals

In 2022, neighbors reported Blayne Perez, 35, was shooting and torturing wildlife in north Everett.

Dorothy Crossman rides up on her bike to turn in her ballot  on Tuesday, Aug. 1, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Everett leaders plan to ask voters for property tax increase

City officials will spend weeks hammering out details of a ballot measure, as Everett faces a $12.6 million deficit.

Starbucks employee Zach Gabelein outside of the Mill Creek location where he works on Friday, Feb. 23, 2024 in Mill Creek, Washington. (Olivia Vanni / The Herald)
Mill Creek Starbucks votes 21-1 to form union

“We obviously are kind of on the high of that win,” store bargaining delegate Zach Gabelein said.

Lynnwood police respond to a collision on highway 99 at 176 street SW. (Photo provided by Lynnwood Police)
Police: Teen in stolen car flees cops, causes crash in Lynnwood

The crash blocked traffic for over an hour at 176th Street SW. The boy, 16, was arrested on felony warrants.

The view of Mountain Loop Mine out the window of a second floor classroom at Fairmount Elementary on Wednesday, Jan. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
County: Everett mining yard violated order to halt work next to school

At least 10 reports accused OMA Construction of violating a stop-work order next to Fairmount Elementary. A judge will hear the case.

Imagine Children's Museum's incoming CEO, Elizabeth "Elee" Wood. (Photo provided by Imagine Children's Museum)
Imagine Children’s Museum in Everett to welcome new CEO

Nancy Johnson, who has led Imagine Children’s Museum in Everett for 25 years, will retire in June.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.