ALA Energy appeals decision to halt Ferndale Terminal expansion
ALA Energy has filed a petition against Whatcom County in Skagit County Superior Court in response to a ruling by the Whatcom County Hearing Examiner halting the Ferndale Terminal’s expansion until it meets additional criteria.
Prior to the March hearing, Whatcom County had issued a determination stating ALA Energy did not need to conduct an environmental impact study for 33 projects at the terminal, which is operated by AltaGas and stores, processes and exports butane and propane.
An appeal was then submitted by Earthjustice on behalf of a coalition of nongovernmental organizations: Friends of the San Juans, Evergreen Islands, RE Sources, the Sierra Club, Washington Conservation Action and Whatcom Environmental Council. They argued that the expansion of the terminal poses threats to the environment without mitigation, and that the county miscalculated the degree of expansion.
On Tuesday, ALA Energy filed a land-use petition seeking to overturn the hearing examiner’s decision. The lawsuit alleges that the examiner did not follow proper procedure and made a conclusion based on false information.
ALA Energy said the ruling violated the company’s constitutional rights by requiring it to “expend time, effort and money” for an “after-the-fact” conditional-use permit for projects that don’t require one. The company is requesting that the court reverse the hearing examiner’s decision.
Bryn Lukowiak, manager of corporate reputation and media relations for AltaGas, told The Herald in a statement that filing the appeal is necessary for ALA Energy to “preserve its legal position and correct the factual record. “
“Although ALA Energy is filing this appeal, it remains committed to working with the Whatcom County Department of Planning & Development Services, including toward finding a reasonable path to resolve the remand proceedings,” Lukowiak said. “We remain focused on the safe and reliable operation of our Ferndale Terminal, which supports skilled local employment while connecting propane and butane supply to key markets in Asia.”
One day after the petition was filed by ALA Energy, the coalition of local environmental groups involved in the initial appeal filed a land-use petition of their own in Whatcom County Superior Court. The petition names both Whatcom County and ALA Energy as respondents.
This appeal requests that the court reconsiders a portion of the hearing examiner’s final order and requires a full analysis of the expansion project’s impacts to marine critical areas.
“For years, AltaGas has been telling us that they are committed to protecting the environment and working with the community,” said Jan Hasselman, a senior attorney with Earthjustice, in a statement. “With this appeal, those promises ring hollow.”