The state of Oregon denied a permit to build a dock at this site at the Port of Morrow. Two challenges to that decision will be heard by a judge.
Courtesy of Columbia River Intertribal Fish Commission
Two of three challenges to the state of Oregon's permit denial for a coal export project on the Columbia River will be heard by an administrative law judge.
The Oregon Department of State Lands decided on Thursday to approve hearings for challenges filed by project backer Ambre Energy and the Port of Morrow, which owns the land at the proposed project site. The agency denied a hearing request from the state of Wyoming, the source of much of the coal for the project.
In August, the Oregon Department of State Lands denied a key permit needed to build a dock for the Morrow Pacific project on the Columbia River. The project would ship nearly 9 million tons of coal a year from Wyoming and Montana to Asia, with two stops at ports along the Columbia River.
Julie Curtis, spokeswoman for the department of state lands, said Ambre Energy and the Port of Morrow met the state's criteria for a contested case hearing. Their two challenges will be combined into one hearing that is yet to be scheduled.
The agency decided the state of Wyoming didn't have standing in the case and thus didn't qualify for a hearing. In order to qualify for a hearing, Wyoming would either have had to submit a comment during the public review period on the permit application or have a legally protected interest that would be harmed if the project moved forward.
On the contrary, Wyoming argued it would be harmed if the project doesn't move forward as a result of the permit denial.
"Wyoming submitted two affidavits in support of its request," Curtis said. "Both speak to the harm Wyoming would suffer as a result of the permit denial, but there's no evidence it would be harmed by the project itself."
--Cassandra Profita