Puyallup Tribe, environmental groups file challenges against Tacoma LNG project
Tacoma’s liquefied natural gas project under development on the Tideflats cleared a final permit hurdle last week, and challenges promised by opponents now have been filed.
On Thursday, the Puyallup Tribe of Indians announced its formal action, as did Earthjustice, a nonprofit environmental law organization. Earthjustice is representing Advocates for a Cleaner Tacoma, the Washington chapter of the Sierra Club, Washington Environment Council, Washington Physicians for Social Responsibility and Stand.Earth, an environmental organization.
The two separate challenges were filed with the state’s Pollution Control Hearings Board against the Puget Sound Clean Air Agency and Puget Sound Energy.
The clean air agency reviewed the notice of construction application for the LNG project, which is being developed by Puget Sound Energy, and on Dec. 10 determined the proposal met requirements for approval.
“The Tribe continues to be frustrated that the Puget Sound Clean Air Agency is not considering the appropriate science and putting dangerous impacts on an already disproportionately impacted community,” David Bean, chairman of the Puyallup Tribal Council, said in a news release Thursday.
“Even more shocking to us is that this facility would operate in a densely populated urban area, and yet no authority has taken a serious look at the consequences of a catastrophic incident at this facility. That’s not just unfair to the people who live here. It’s dangerous.”
In its filing, the tribe contends its rights, “including Treaty fishing rights essential to the tribe’s existence and culture, would be threatened and violated by the Project as a result of the permit’s issuance.”
Additionally, it stated: “The tribe, and the health of its members, will be disproportionately impacted by the project’s emissions of air pollution (including toxic air pollutants) due to the fact that the tribe’s entire homeland shares an airshed” with the project.
It also stated the tribe is disproportionately affected “by the consequences of climate change and the greenhouse gas impacts” as a result of the project given its land’s proximity to rising tides along waterways.
“We are in a climate crisis,” Jan Hasselman, Earthjustice attorney representing the environmental and health appellants, said in the release. “The Tacoma LNG project will lock in fossil fuel use for decades at the time when it must be urgently phased out. We will hold state agencies accountable whenever they fail to tell the truth.”
The Earthjustice filing contends the construction permit “is contrary to law because it is inconsistent with the requirements and intent of state and federal laws designed to protect the environment. Specifically, the permit relies on environmental analyses that violate the State Environmental Policy Act (SEPA) and otherwise clearly erroneous and contrary to law. Additionally, the permit violates and is inconsistent with the requirements of the state and federal Clean Air Acts.”
On Thursday, Puget Sound Energy told The News Tribune it was evaluating its next steps regarding the filings.
In a statement, the utility said:
“As supported by PSCAA’s independent environmental review, the facility will result in a net reduction in greenhouse gases. The facility will also result in a significant reduction of criteria pollutants emitted from the LNG fueled marine vessels and trucks that formerly ran on diesel fuel. The sooner the facility can be completed, the sooner we can provide cleaner air for Tacoma and ensure our customers stay warm on the coldest days of the year.”
PSCAA did not immediately respond to The News Tribune’s request for comment Thursday.
The Earthjustice appeal also is critical of the City of Tacoma’s environmental impact review, contending it “failed to adequately examine serious public health and safety risks of gas leaks, explosions and fire from the proposed facility that would be located near to a densely populated city.
“Further, the Tacoma LNG project would also emit a significant quantity of hazardous air pollutants close to residential neighborhoods and the adjacent Northwest Detention Center.”
The potential for safety concerns in regard to the immigrant detention center was included in a letter to Tacoma Mayor Victoria Woodards and the City Council in April from a collection of faith and human rights groups.
At a June meeting of the city’s Human Rights Commission, Woodards told commissioners that, from the city’s perspective, there are legal limitations to initiating a supplemental environmental review on the project, according to a recording of the meeting obtained in August by The News Tribune.
Thursday’s Earthjustice filing also takes issue with the permitting process itself, contending, “Even though PSCAA only recently issued its approval to commence construction, PSE actually has been constructing the project for years. In early 2017, PSCAA issued PSE a ‘notice of violation’ to PSE for failing to obtain permits prior to starting construction.
“Although PSCAA did not enjoin construction, PSCAA has stated that any work that PSE has done or continues to do is at its own risk should permitting require site revisions.”
When asked in July about the construction ahead of the final clean air agency permit action, Puget Sound Energy told The News Tribune that construction was underway “on non-emitting portions of the facility only. Work to install the conversion equipment won’t begin until the final permit is issued.”
The Port of Tacoma, where the project is sited, on Thursday reiterated its commitment to reducing air emissions and “creating a safer environment for our community.”
“The Port of Tacoma appreciates a decision has been made by the Puget Sound Clean Air Agency,” according to a statement issued by the port.
The LNG facility, as proposed, would produce 250,000-500,000 gallons of LNG a day. The LNG would be stored in a 8 million-gallon tank under construction on the Tideflats and provide about 900,000 gallons of LNG each week to TOTE Maritime for its two Alaska ships.
PSE says the site also will help boost the reliability of the fuel supply for Western Washington, providing LNG for local customers during peak winter demand.
This story was originally published December 20, 2019 at 6:00 AM.
