Cherry Point Coal Terminal and Coal Trains Update

Bellingham resident Preston L. Schiller has been involved with transportation and environmental issues for more than 25 years as a citizen, alternatives advocate, researcher and teacher. He is co-author of “An Introduction to Sustainable Transportation: Policy, Planning and Implementation”(Earthscan, 2010) He has had direct experience with coal, public health and environmental and community destruction in West Virginia.

Much coal has gone under the trestle since the April, 2011, Whatcom Watch article “How to Stop Worrying and Love Coal Trains” provided much detail about this issue and why folks should resist the possibility of an added 18 to 20 mile-and-a-half long coal trains per day as well as the possibility of another four to six freight trains as well, bringing the total number of trains through Bellingham from the current level of 14 to a figure approaching 40 trains per day; or a long, slow, polluting train almost every half-hour or so and adding at least two hours or more of daily delay to crossings (www.whatcomwatch.org then “Past Issues,” then April 2011). The current article will attempt to furnish highlights of the most important events and efforts as well as providing information about related matters and resources.

• 31 May 2011: Environmental leader Bill McKibben speaks to approximately 1000 persons packed into the Fairhaven Village Green under threatening skies. RE-Sources volunteers and staff collect 800 new signatures for the anti-coal terminal/trains.

• 1 June 2011: The Bellingham Herald has no coverage of the McKibben visit. Schiller sends an e-mail to its editors protesting this egregious news blackout in both “Local News” (where several trivial matters were reported) and the “Politics Blog.” Stories relating to the coal issues had been removed from the “most commented upon” section of the Herald’s website despite generally being the most commented upon stories. Replies were along the lines of “understaffed … limited resources … publicized the talk, etc.” A few hours later coverage of the McKibben event surfaces in the Politics Blog, coal articles re-appear in the “most commented” section and a fairly thorough article emerges after that evening’s “Mayor’s Listening Session.”

• 1 June 2011: Mayor Dan Pike hosts a “listening session” about the SSA Gateway Pacific (coal terminal proposers) project issues; over 300 persons fill the municipal court building to capacity with at least an equal number hanging around outside. Persons inside and outside appear to be overwhelmingly opposed to the proposal although several staunch union supporters are present. David Warren, former local labor union official and current SSA booster, assails enviros and community members for not supporting labor on this issue — an assertion that some current labor leaders, such as Mark Lowry, have been working to back away from since then. Mayor Pike quickly stops sitting on the fence and announces his opposition to the proposal — and goes on to play a leadership role in organizing other coal train routes mayors to express opposition (see July 14 on page 7). Mayoral contender Kelli Linville works the crowd outside and, three weeks later, decides to get off the fence and oppose the proposal. Her website statement is somewhat equivocal; claiming a general lack of support for coal exports, supporting a new SSA permit review but not clearly opposing a major expansion of Cherry Point shipping and terminal facilities that would trigger greatly increasing the number of trains in our area. KOMO-TV Channel 4 provided coverage.

• 2 June 2011: John Stark writes a long and reasonably balanced article about Mayor Dan Pike’s “listening session.”

• 8 June 2011: KING5 news features coal trains.

• 12 June 2011: Bellingham writer and documentarian Noble Smith publishes an op-ed in strong opposition to the coal proposal in The Seattle Times that attracts many supportive comments.

• 14 June 2011: Despite The Bellingham Herald’s editorial boosting of the coal project, John Stark continues his informative reporting and document gathering in its “Politics Blog” section; “SSA’s application paperwork for the proposed Gateway Pacific Terminal is now available online, via the Whatcom County Planning Department.” Links to important and interesting SSA-related documents at this site (www.co.whatcom.wa.us/pds or search the Herald for “coal”).

• 17 June 2011: Writing on behalf of Climate Solutions, the Sierra Club and RE-Sources, the environmental non-profit law organization Earthjustice sends Whatcom County Planning and Development a letter contesting AMEC’s and SSA’s application for construction of the coal terminal as a “revision” to existing permits and agreements. (see June 23) Earthjustice sees this not just as a local or State of Washington issue, but as a national and global issue. It is committed to an ongoing challenge of any coal terminal proposal for Cherry Point.

• 19 June 2011: Chamber of Commerce CEO Ken Oplinger and labor leader Chris Johnson publish an op-ed in The Seattle Times boosting the coal proposal.

• 23 June 2011: Tyler R. Schroeder, Whatcom County Planning Supervisor, sends a letter to SSA representative Cliff Strong (AMEC Earth & Environmental, Inc.) rejecting AMEC’s and SSA’s proposal to permit the new terminal as a revision of its existing permits and agreements, in effect finding that SSA would have to file a new permit application. (www.co.whatcom.wa.us/pds)

• 26 June 2011: Port of Bellingham President Michael McAuley (and first term commissioner elected by those hoping to reform that agency) publishes an oped, “Port doesn’t believe cargo terminal rail traffic would harm waterfront” in The Bellingham Herald. The title says it all; not to worry Bellingham about those additional two plus hours of daily traffic delays at crossings (Say, Mike, doesn’t the port care about long delays at the Alaska ferry terminal-Fairhaven Shipyards and other port properties crossings in Fairhaven and along Roeder?) Wasn’t a substantial part of the support for redeveloping the G-P site the reopening of significant waterfront access to the public? Isn’t the Port of Bellingham supposedly a public agency? Did Mike buy a propeller to attach to his Segway so that he can just hop over the coal hoppers blocking his way?

• 29 June 2011: The Gordon Thomas Honeywell (GTH) law firm representative William T. Lynn representing SSA Carrix, the terminal proposer, requests a “reconsideration-clarification” of Whatcom County’s (administration-planning) rejection of SSA’s effort to obtain a permit as a mere revision of their existing permit as well as assurance that Whatcom County’s determination does not change any of SSA’s rights under existing agreements and permits, nor alter their understanding of how the SEPA review will proceed. (links to this letter and numerous other news items and documents can be found at blogs.bellinghamherald.com/politics, search for gateway-pacific terminal also see www.co.whatcom.wa.us/pds or www.cob.org)

• 7 July 2011: More than 300 residents turned out for a coal terminal/trains forum at the Lincoln Theatre in Mount Vernon, WA. The audience appeared to be mostly composed of those in opposition to the coal terminal/trains proposal. Deadline passes for an appeal from SSA marine in regards to Whatcom County’s determination of incompleteness for the Major Project Permit.

• 11 July 2011: Whatcom County replies to SSA’s June 29 request for “reconsideration-clarification” by affirming that “(T)herefore, the County will not reconsider the June 23, 2011 determination that a new shoreline substantial development permit is required to review the entire proposal within the jurisdiction of the Shoreline Management Act (SMA).” The County’s reply goes on to respond to a couple other of SSA/GTH queries.

• 13 July 2011: Deadline for SSA appeal of Whatcom County’s administrative decision that a new Shoreline permit will be required passes. SSA does not enter an appeal.

• 14 July 2011: KING5 (http://www.king5.com/had a news feature item about how Mayor Dan Pike is leading an effort to unite mayors along the BNSF coal trains route to express their concerns to Gov. Gregoire in the hope that she will have the state pay more careful attention to the impacts of the Cherry Point coal terminal proposal—and maybe stop blindly boosting it? Marysville and Edmonds mayors were interviewed and expressed concerns about adding another two hours or more of daily traffic delays at many community rail crossings. The coal proposal’s spokesperson, Craig Cole, was also interviewed and, once again, gave a misleading estimate of the rail impacts: Cole said that “We need to bring cash into the country with all sorts of commodities” and the proposal would “effectively double train traffic.” This figure is somewhat incorrect: at present, according to BNSF, there are 14 trains each day (total) through Bellingham. The coal trains would add another 18–20 trains per day and, at full terminal buildout, there could be another four to six trains of other commodities. This could result in a total of 36 to 40 trains per day through Bellingham; quite a bit more than doubling, almost tripling train traffic.

• 16 July 2011: “The state Department of Ecology has agreed to share the lead role with Whatcom County as the hotly contested Gateway Pacific Terminal project moves through an extensive regulatory process.” (John Stark, The Bellingham Herald)

Where does this leave the issue? Difficult to say, but it is certainly not over; “new development” and “shoreline permit” applications will likely be submitted by SSA in the near future. More working of the political side to circumvent environmental review processes by SSA is not unthinkable. Which level(s) of government and leadership might SSA try to work to run this locomotive over us? Stay on board folks, the ride is far from over.

Other important items and information sources (regret missing anyone’s contribution): Please support those entities that are watchdogging this issue, including Whatcom Watch

• re-sources.org continues to organize and publicize around the coal terminal/trains issues.

• communitywisebellingham.org continues to be an excellent source of information and perspective.

• Planning and environmental law experts Jean Melious and David Stalheim provide coverage and analysis of many facets of the coal terminal/trains and related local government issues (such as the controversy between Mayor Pike and Whatcom County about leadership for the environmental review) at getwhatcomplanning.blogspot.com.

• Retired WWU journalism professor Floyd McKay continues his thoughtful articles about the coal terminal/trains issues at crosscut.com where Bob Simmons and Daniel Jack Chasan also make valuable contributions to the SSA discussion.

• Tim Johnson’s Cascadia Weekly also provides coverage of the issues.

• Investigate West (invw.org) offers several insightful blog posts about our coal issues.

• Whatcom Action Coalition forms on Facebook (“Grassroots organizing in Whatcom County to stop destructive practices of all sorts.”) Mark Zuckerberg is not yet a “friend.”

• B-P refinery at Cherry Point plans to do a major ($388 million) construction project to convert some of its capacity to producing low-sulfur (less particulate pollution) diesel fuel as mandated by federal environmental regulations. This should create much contractor, skilled trades and laborer employment for the next year-and-a-half and some new permanent jobs after that for a project that offers some environmental benefit. Diesel equipment at the refinery will also emit much less particulate pollution. (The Bellingham Herald 21 April 2011)

• Numerous links to relevant documents and related information are available at Whatcom County’s Planning and Development Services website. Director Tyler Schroeder has been very responsive to queries for this article. Several interesting documents are also available at the City of Bellingham’s website (search on “shipping terminal” if it is not on homepage)

• Everybody’s Store Jeff Margolis and other foothills folk follow coal terminal/trains issues at safeguardthesouthfork.org.

• Civic activist Tip Johnson defends Bellingham and the Cherry Point herring runs from the coal terminal boosters at nwcitizen.com.

• Connect the numerous dots linking SSA Carrix, the law firm representing them for the coal terminal issue (Gordon Thomas Honeywell), Sen. Patty Murray (herself and former staff members and her recently introduced Senate Bill S 942—which some suspect is a ploy to fund the SSA project!), Sen. Maria Cantwell, Cong. Rick Larsen, and many other prominent “leaders”; there is too much in this for the present article, but perhaps a future article could address this. Documentable information related to this matter is welcome; e-mail to pls508w@yahoo.com. §