Crow Coal Terminal Killed by Army Corps of Engineers Political Actions
Today, the Seattle District of the U.S. Army Corps of Engineers (USACE) made a historically unprecedented decision to cave to special interests and announced the Gateway Pacific Terminal (GPT) would have a greater than de minimis impact (see more below) on the Lummi Nation's Usual and Accustomed fishing rights. This determination comes without the completion of a draft Environmental Impact Statement (EIS). In response, Rep. Zinke submitted a Freedom Of Information Act (FOIA) request against Colonel John Buck, Commander of the USACE Seattle District, for all emails pertaining to the Gateway Pacific Terminal. Earlier this year, Zinke requested Glen Fine, the Acting Inspector General at the Department of Defense, open an official DoD investigation into Colonel Buck, for overt political maneuvering in the case. The letter to IG Fine can be read here. The EIS for the GPT has cost north of $11 million to date making it one of the most costly in history.
"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," said Zinke. "Furthermore, to kill a project before an Environmental Impact Study is completed sets a terrible precedent -- as an advocate of conservation, I fear for the future of our lands and resources. It's a sad day in America when even our Army Corps of Engineers can be wooed by special interests."
On the point of the FOIA request, Zinke wrote, "Colonel Buck continues to set a dangerous standard that has absolutely no legal merits and will have far reaching implications across the nation. As a former Commander myself, I know firsthand the challenges of balancing competing interests and making difficult decisions. This is why having information and data to back up any significant decision is vital."
"We are very disappointed withthe Army Corps' decision today. Supporters worked relentlessly to help stand up to the anti-fossil fuel groups seeking to deny GPT a fair, timely permitting review," said Colin Marshall, Cloud Peak Energy President and CEO. "GPT 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. We are working closely with our partners, SSA Marine and the Crow Tribe, as well as other stakeholders to review our options in light of the Corps' decision."
A de minimis impact is one that will not adversely affect the activities, features, or attributes of a property. Making a de minimis determination in this situation means that there is apparently no way to mitigate losses of the Lummi Tribe's Usual and Accustomed fishing rights, so the USACE makes a determination that will not affect these activities. In this case, it means the project's permit is rejected and is not able to continue further.
The GPT is a proposed deep-water port in Washington State, just north of Seattle, that would create a port for Montana exporters to access markets in the Pacific Rim via a rail line. The Crow Tribe has heavily invested in this terminal because it will allow them to export their vast coal reserves to Pacific Rim markets, where coal is highly valued, and it will allow them to actualize on their treaty rights. However, special interest groups protested the project and urged the USACE to stop the EIS process early, make a de minimis determination, and kill the project entirely. The draft EIS was supposed to be issued in October 2016.
Dozens of labor, business and agriculture organizations, as well as local government officials, have written in support of the terminal. Their letters of support can be found here. Zinke was successful in adding language requiring the complete EIS in the House energy bill in December 2015. In July 2015, Zinke and a bipartisan coalition of lawmakers urged the ACE to complete the EIS process, citing it would create a dangerous and reckless precedent for future projects. Zinke wrote an op-ed for the Billings Gazette on the subject in April 2015.
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