State appeals ruling on Georgia Strait pipeline

Ericka Pizzillo
The Bellingham Herald
August 31, 2004

The state Attorney General's Office has appealed the Federal Energy Regulatory Commission ruling that prevents the state from issuing environmental permits for a proposed natural gas pipeline through Whatcom County.

The state Attorney General's Office filed the appeal Friday in the Tenth Circuit Court in Denver, saying FERC was incorrect when it ruled that the state had missed deadlines and "waived" certain state permits for the proposed $248 million Georgia Strait Crossing Project.

FERC's ruling means that most state and local permits needed for the project are considered approved, despite outstanding concerns by state and local officials about the project. The ruling also means that state regulators cannot write specific rules to minimize environmental damage during the pipeline's construction.

In its appeal, state attorneys argue that the state did not miss deadlines for the permit and that FERC issued an approval for the project before the environmental permits were given by the state - in contrast to federal law, which requires the state permits before federal approval.

The pipeline would start in Canada and cross 33 miles of Whatcom County from Sumas to Cherry Point. It would enter the water at Cherry Point, travel under water along the San Juan Islands and emerge on Vancouver Island, fueling power plants there. Williams Pipeline Co. and B.C. Hydro, British Columbia's electricity provider, propose the project jointly.

Earlier this month, Whatcom County planners urged county Hearing Examiner Michael Bobbink to deny a shoreline permit for Williams. County planners said the project doesn't meet the county's rules for industrial projects along shorelines and wouldn't provide any benefit to the county or state, if built.

The county permit is needed by the pipeline company before construction.

Williams officials have argued that the county also missed deadlines for giving the shoreline permit and said a ruling from Bobbink may be moot because of the FERC ruling. The hearing examiner's ruling is expected in mid-September.

Reach Ericka Pizzillo at ericka.pizzillo@bellinghamherald.com or call 715-2266.

The Bellingham Herald