The state of Oregon denied Wyoming’s appeal of the Beaver State’s rejection of a permit to build a dock for a coal terminal on the Columbia River.
Oregon’s Department of State Lands, analogous to Washington’s Department of Natural Resources, ruled on Wednesday, Oct. 1 that the nation’s biggest coal-producing state didn’t have legal standing in the permit decision.
The terminal, proposed by Ambre Energy of Australia, would have exported about 8 million tons of coal annually.
“The department’s decision has harmed and degraded the state’s important and legally protectable revenue streams,” Wyoming’s appeal states.
The merits of Wyoming’s argument were never considered by Oregon. Like some local environmentalists had anticipated, Wyoming didn’t have a right to file the appeal.
Communications Manager Julie Curtis of DSL sent the following explanation with the Oct. 1 ruling:
Note that (3) doesn’t apply to Wyoming because the “adversely affected” person must be adversely affected by the coal terminal, not by the rejection of the permit. Clearly, that’s not the position Wyoming was in.
And (2) doesn’t apply to Wyoming, Oregon decided, because “there is no evidence that Wyoming submitted timely written or verbal comments pertaining to the merits of Applicant’s permit application during the Department’s public comment period....,” as the ruling states.