{"id":20349,"date":"2020-03-19T17:38:52","date_gmt":"2020-03-19T17:38:52","guid":{"rendered":"https:\/\/westernlaw.org\/?p=20349"},"modified":"2020-03-19T17:38:52","modified_gmt":"2020-03-19T17:38:52","slug":"despite-oregon-permit-denials-public-health-crisis-ferc-approves-jordan-cove-lng","status":"publish","type":"post","link":"https:\/\/westernlaw.org\/es\/despite-oregon-permit-denials-public-health-crisis-ferc-approves-jordan-cove-lng\/","title":{"rendered":"A pesar de las denegaciones de permisos de Oreg\u00f3n y la crisis de salud p\u00fablica, la FERC aprueba Jordan Cove LNG"},"content":{"rendered":"

In the midst of the global coronavirus pandemic and national health emergency, the Federal Energy Regulatory Commission (FERC) conditionally approved the Jordan Cove LNG export terminal and Pacific Connector fracked gas pipeline today. The approval is conditioned on Pembina, the Canadian fossil fuel corporation behind the project, qualifying for critical permits from the state of Oregon.<\/p>\n

\u201cThe Klamath Tribes are disappointed that FERC would approve a project that would harm the cultural and natural resources that are vital to our people and that we reserved to be protected through our treaty,\u201d said Chairman of the Klamath Tribes, Don Gentry<\/strong>. \u201cWe will consider our options to protect those resources and we hope that the state of Oregon will stand with us.\u201d<\/p>\n

\u201cIt is outrageous that in this time of crisis, when many people cannot even leave their homes safely, the federal government is prioritizing a fracked gas pipeline and export terminal that local communities and the state of Oregon have firmly said no to,\u201d said Sandy Lyon, an impacted landowner in Douglas County<\/strong>. \u201cPembina can now attempt to use eminent domain against Oregon landowners, but construction cannot begin without state approval. We will stand firm against this project and we are counting on Oregon to do the same.\u201d<\/p>\n

\u201cIt\u2019s extremely rare for FERC to deny a permit for an export terminal like Jordan Cove LNG, but it has done so before, illustrating the project\u2019s profound flaws,\u201d said Susan Jane Brown, Public Lands and Wildlife Director and staff attorney at the Western Environmental Law Center (WELC)<\/strong>. \u201cThe state has made clear this climate-destroying project will be too dangerous for Oregonians\u2019 clean water and air. If the federal administration sees fit to ram this project through against Oregonians\u2019 will, WELC and our allies are prepared to defeat the project in or out of the courtroom again.\u201d<\/p>\n

After 15 years, Jordan Cove LNG has failed to qualify for any of the necessary state permits to dredge Coos Bay for an LNG export terminal and to trench across Oregon for a 230-mile fracked gas pipeline, threatening harm to Tribal resources, private landowners, drinking water, and fisheries along the way.<\/p>\n

At FERC\u2019s last meeting, the commission voted 2-1 to postpone their decision because the state of Oregon denied a third essential state permit for the LNG terminal and pipeline<\/a>, signaling a likely failure for the project despite FERC’s approval. The Oregon Department of Environmental Quality denied the Clean Water Act Section 401 permit on May 6, 2019. On January 21, 2020, anticipating another permit denial, Jordan Cove LNG withdrew its Removal-Fill application from the Oregon Department of State Lands.<\/p>\n

\u201cFERC\u2019s approval does not change the fact that Oregon has denied this project. Pembina will never be able to show the state of Oregon that this project qualifies for permits under state laws that protect our communities,\u201d said Hannah Sohl, Executive Director of Rogue Climate<\/strong>. \u201cOregonians from across the political spectrum will continue to stand united until Pembina cancels the proposed fracked gas pipeline and export terminal for good.\u201d<\/p>\n

Oregon controls state-owned lands and waters that would be affected by this project and has permitting authority under the Clean Water Act, Clean Air Act, and Coastal Zone Management Act.<\/p>\n

“Pembina has been unable to secure any of the necessary state permits to build in Oregon because there’s no getting around the fact that this project would pose an unacceptable threat to Oregon’s communities and waterways and is clearly not in the public interest. It’s disappointing that FERC failed to recognize this, and we plan to seek a rehearing on this misguided decision,” said Sierra Club Senior Attorney Nathan Matthews<\/strong>. “Regardless, FERC’s approval does nothing to change the fact that this fracked gas export terminal has no path forward and will never be built.”<\/p>\n

Impacted landowners, Tribal governments, environmental organizations, and other intervenors now have a 30-day window to appeal for a rehearing at FERC. The state of Oregon may also petition FERC for a rehearing.<\/p>\n

\u201cEvidence in the record clearly indicates this Canadian gas project is anything but in the U.S. public interest,\u201d said Ron Schaaf, whose Klamath County land is on the pipeline route<\/strong>. \u201cOn behalf of landowners defending our rights, this decision will be challenged. Every American who cares about private property and states\u2019 rights should be paying attention to the facts of this case.\u201d<\/p>\n

Over 40,000 people sent comments to FERC opposing Jordan Cove LNG, and hundreds showed up in opposition at public hearings in Coos, Douglas, Jackson, and Klamath counties last summer.<\/p>\n

\u201cFERC has wrongly approved a pipeline that would harm our burial grounds, pollute our waterways, and endanger our community,\u201d said Klamath Tribal member Ka\u2019ila Farrell-Smith. <\/strong>\u201cFor years my Tribe, and others, have advocated to stop Jordan Cove LNG, and we will continue to stand up until this pipeline is stopped for good.\u201d<\/p>\n

“This FERC decision doesn\u2019t mean Jordan Cove LNG is moving forward because Oregon has already denied key permits for this project,” said Dave Crane, a commercial fisherman from Coos Bay. <\/strong>“Nevertheless, the community needs to keep on fighting until Pembina cancels Jordan Cove LNG and leaves our bay alone.”<\/p>\n

Jordan Cove LNG Permitting Timeline:<\/u><\/em><\/p>\n