Whatcom County Council vote changes the future of industry at Cherry Point
Whatcom County Council unanimously approved a series of Comprehensive Plan amendments for the Cherry Point industrial zone, adding tougher environmental and development rules for the region that’s home to two of Washington state’s five oil refineries.
Tuesday’s vote was hailed by environmental groups as a landmark change in strategy to regulate the fossil fuel industry and protect the Salish Sea.
“These regulations could usher in a new era of fossil fuel policymaking in the U.S., where local municipalities can use existing regulatory power to restrict the growth of the fossil fuel industry in an era where the U.S. must swiftly transition to renewable energy sources,” Stand.Earth and RE Sources for Sustainable Communities said in a joint statement.
“In Whatcom County, this means no new fossil fuel refineries, transshipment facilities, or certain types of other infrastructure expansions can be built, while upgrade projects at existing refineries and terminals will also be subject to more rigorous environmental review and permitting processes. Upgrades that reduce pollution and improve safety will still be allowed if they meet these improved standards,” the statement said.
A Whatcom County business group also praised the new regulations.
”The Cherry Point industrial area is crucial to Whatcom County in providing family-wage jobs — and this vote means additional large-scale development will be encouraged, while considering environmental protections, the Whatcom Business Alliance said on its Facebook page.
Tuesday’s action was the result of more than five years of effort as Whatcom County staff and appointed and elected officials examined the kinds of industry and manufacturing that will be allowed in the 7,000-acre area west of Ferndale.
That time period included 11 consecutive six-month bans on filing, accepting or processing new applications for most new or expanded facilities for shipping unrefined fossil fuels that won’t be processed or used at Cherry Point, as part of an effort to limit refinery expansion.
It was a divisive process that often pitted the oil industry against the environmental movement.
And it fueled expensive battles for political control of the Whatcom County Council and the County Executive’s Office.
But talks took a key step forward after the appointed county Planning Commission approved the Cherry Point amendments and a “stakeholder group” of business and environmental interests began meeting to build a consensus over its final wording.
Councilwoman Kathy Kershner thanked Councilman Tyler Byrd for suggesting formation of the stakeholder group.
“Nobody got everything they wanted. Our community came together and worked seriously on a complicated issue,” Kershner told The Bellingham Herald on Wednesday, July 28. “We came together and made this work.”
Environmental consultant Eddy Ury, formerly of RE Sources, chaired the stakeholder group for about eight months as key parts of the new amendments were developed.
“We were able to make an effective policy that can be lasting,” Ury told The Herald on Wednesday.
“It sends a powerful statement that it was a unanimous vote. It’s pretty remarkable how far we’ve come. I’m proud of Whatcom County today,” said Ury, who’s a candidate for Whatcom County Council.
“There was a lot of talk about compromise, but the fundamentals of this (document) didn’t change,” Ury said. “We were able to achieve the original purpose and we didn’t give up anything. After many years of fierce resistance and political maneuvering, we got to the point where it was clear that there was intent on the council to pass something and the tone shifted to how to make a better ordinance. This was really the only way to succeed. It was difficult for everybody involved. I’m impressed that everybody was able to stick with it.”
Ury said the December 2020 oil train derailment and fire in Custer illustrates the need for regulatory legislation.
“It definitely could have been a lot worse than it was,” Ury said. “The threats are real. It’s exactly why we have a process for considering the risks and hazards when issuing new permits.”
Councilman Todd Donovan told The Herald on Wednesday that he hopes to see further collaborations among business, governmental and environmental interests.
“There were pleas from industry folks for future cooperation like this,” Donovan said. “They fought this tooth and nail. It took five years for that civility to take hold on their side. I’m hoping it’s sincere.”
County Executive Satpal Sidhu served four years on the County Council as the amendments were being rewritten and Cherry Point was a key issue in his 2019 election race against Tony Larson of the Whatcom Business Alliance.
“I greatly appreciated the cooperative efforts of the stakeholders’ group,” Sidhu told The Herald in an email. “They tackled an issue that had been overly politicized and highly polarizing during the past five years. Our major industrial facilities will continue to employ thousands of Whatcom County residents, and we can be confident that there are sufficient protections in place to ensure our natural environment is healthy for future generations. Whatcom County is a place of unparalleled natural beauty, and these amendments help preserve that while also providing opportunity for families to prosper.”
As submitted, the Cherry Point amendments allow the two refineries to continue operating.
It defines the Cherry Point region’s importance to the environment and to its indigenous peoples.
And it spells out a broad range of manufacturing sectors that would be allowed, from textiles to boat-building and marijuana farms, and which ones would require special consideration, such as a conditional-use permit.
It also defines the environmental considerations for new industry development and prohibits certain kinds of factories — such as rubber, chemicals and plastics.
No more industrial piers will be allowed, nor coal-fired energy plants.
And no more oil refineries will be permitted.
“There are currently five oil refineries in Washington state,” the Cherry Point document says. “Two are in Whatcom County, two are in Skagit County, and one in Pierce County. Whatcom County has approximately 3% of the state’s population, but 40% of the state’s refineries. The county has accepted its fair share of such facilities in the state and region and wants to limit the local impacts on the community and environment of further concentration of such facilities.”
Further, the new amendments recognize the region’s importance to Whatcom County’s overall economy.
“Cherry Point shall be designated as an unincorporated industrial urban-growth area in recognition of existing large-scale industrial land uses,” the document says.
“Additional large-scale development shall be encouraged consistent with the ability to provide needed services and consistent with protecting critical areas along with other environmental protection considerations. The Cherry Point industrial area is an important and appropriate area for industry due to its access to deep-water shipping, rail, all-weather roads, its location near the Canadian border, and its contribution to the county’s goal of providing family-wage jobs,” it says.
Councilman Rud Browne told The Herald that he’s pleased with the results.
“This is the first update of the rules governing Cherry Point since 1960,” he said. “That’s 60 years. We prevented the refinery from being converted to a transshipment facility, which would have cost us a lot of jobs. Everybody won out.”
Satpal Sidhu: “I greatly appreciated the cooperative efforts of the stakeholders’ group. They tackled an issue that had been overly politicized and highly polarizing during the past five years. No one got everything they wanted, but we were able to settle on a version of the Cherry Point amendments that everyone could live with. Our major industrial facilities will continue to employee thousands of Whatcom County residents, and we can be confident that there are sufficient protections in place to ensure our natural environment is healthy for future generations. Whatcom County is a place of unparalleled natural beauty, and these amendments help preserve that while also providing opportunity for families to prosper.”
This story was originally published July 28, 2021 at 9:39 AM.
