Politics & Government

Drones are flying over Whatcom Co. refineries. Who is it, and what’s being done about it?

BP Cherry Point refinery
BP Cherry Point refinery The Bellingham Herald file

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Federal officials are investigating claims that drones have been flying around the BP Cherry Point Refinery in violation of U.S. law.

“We are aware of reports of unmanned aerial vehicle activity in Whatcom County and are in contact with our partners to determine if any action by law enforcement is warranted,” the FBI’s Amy Alexander told The Bellingham Herald in an email on Thursday.

No additional information could be provided, Alexander said.

A U.S. Customs and Border Protection official told The Herald that the FBI is investigating. The Department of Homeland Security didn’t immediately respond to The Herald’s request for comment.

An official at BP in Chicago told The Herald that the company has alerted authorities.

“BP has reported the recent drone activity in the Cherry Point industrial region to law enforcement. Our highest priorities remain the safety of our people, the surrounding community, and the safe operations of the refinery,” Cesar Rodriguez, media relations manager said.

BP’s Cherry Point site west of Ferndale is one of five refineries in Washington. It produces aviation fuel and gasoline, as well as anode-grade calcined coke for aluminum production, and can process 250,00 barrels of crude oil daily, according to its website.

Elected officials concerned

Whatcom County officials have been fielding reports of aerial drones near the refineries for several weeks, County Council member Ben Elenbaas said in a phone interview Thursday.

“From what I’ve heard, it is the FBI and then some,” said Elenbaas, who works as an operator at BP and lives in the rural area west of Ferndale.

A speaker at the County Council meeting on Tuesday night alleged, without providing evidence, that “drones the size of small cars” were buzzing around the refinery. Later in the meeting, both Elenbaas and County Executive Satpal Sidhu addressed the issue.

“We’ve been getting emails through our council emails, and one of them that I read was fairly accurate from my knowledge. As a citizen who lives near the refinery, there have been drones in the area. And as someone who knows what the importance of those facilities is to our infrastructure, to me, I’m incredibly concerned. And judging by the response that I’m seeing as a neighbor to the refinery, it looks like the federal government is equally as concerned. They’re definitely taking it seriously,” Elenbaas said.

Elenbaas said government helicopters appear to be keeping a close watch on the area, which has two oil refineries and other heavy industry.

In Tuesday’s County Council meeting, Sidhu said he’s also been getting emails complaining that Whatcom County officials aren’t taking action.

“This is not us being irresponsible,” Sidhu said. “This is us staying out of the lane of the people who are responsible.”

Councilman Barry Buchanan said he discussed the matter with Sheriff Donnell Tanksley.

“They just said the feds are all over it — end of story,” Buchanan said.

Wary of sabotage

An official with the Federal Aviation Administration, who asked to be identified only as an FAA spokesperson, told The Herald that flying over “critical infrastructure” such as a nuclear facilities and defense industry plants is prohibited.

“The FAA restricts drone flights around critical infrastructure and public venues,” the FAA spokesperson said. “We look into all reports of unauthorized drone operations and investigate when appropriate. Drone operators who conduct unsafe operations that endanger other aircraft or people on the ground could face fines that exceed $30,000. In addition, we can suspend or revoke drone operators’ pilot certificates.”

In December 2020, a BNSF train loaded with oil tankers bound for the Phillips 66 refinery at Cherry Point derailed and exploded into flames.

Sabotage was suspected but couldn’t be proved, according to a Federal Railway Administration report. The FBI investigated the incident but no arrests have been made.

The train sat unattended for several hours before the derailment as one crew went off duty and another one was sent to move the train from a siding near Custer to the refinery. It appeared that the couplers and brakes had been tampered with, but the new crew didn’t perform a required safety check that could have prevented the incident, according to the FRA report.

No one was injured, but 10 cars derailed and three burst into flames. About 120 people were evacuated for several hours as the tank cars burned.

Just a month before the derailment, two Bellingham women were arrested in a plot to derail BNSF trains using a device called a shunt that bypasses safety features, according to previous Herald reporting.

There were more than 40 local incidents of railway terrorism aimed at the oil and gas industry during 2020, most interfering with automatic braking systems In one case a train hauling hazardous chemicals nearly derailed near Bellingham, The Herald reported.

This story was originally published August 9, 2024 at 8:27 AM.

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Robert Mittendorf
The Bellingham Herald
Robert Mittendorf covers civic issues, weather, traffic and how people are coping with the high cost of housing for The Bellingham Herald. A journalist since 1984, he also served 22 years as a volunteer firefighter for South Whatcom Fire Authority before retiring in 2025.
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