Vancouver Energy Lease Complies with State Environmental Policy Act

March 22, 2017

The Washington State Supreme Court has ruled in favor of the Port of Vancouver USA in an appeal brought by Columbia Riverkeeper and Northwest Environmental Defense Center.
 
The court’s March 16 decision affirmed the Washington Court of Appeals’ ruling that found the port’s lease with Vancouver Energy for a proposed crude oil transfer terminal complies with the State Environmental Policy Act (SEPA).
 
“We’re pleased with the court’s ruling,” said port CEO Julianna Marler. “By ensuring Vancouver Energy’s lease is contingent upon our state’s comprehensive environmental review, we continue to comply with the law while performing our mission of attracting industry and bringing economic benefit to our community.”
 
Riverkeeper alleged in its suit that the lease agreement between the port and Vancouver Energy violated SEPA by limiting the port’s “choice of reasonable alternatives.” The court found the port complied with state law by making the lease contingent upon approval by the Energy Facility Site Evaluation Council (EFSEC) and the governor, and by retaining “mutual authority to approve development, construction, and operations plans for the facility.”
 
Vancouver Energy is currently moving through the robust EFSEC process. EFSEC is expected to finalize the project EIS and issue a recommendation to Gov. Jay Inslee within the next few months.

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