Tony Green, spokesman for Oregon Attorney General, said the Ninth Circuit Court of Appeals decision on the Bradwood Landing liquefied natural gas project doesn't resolve the state's biggest issue: that the Federal Energy Regulatory Commission granted the project license before state permits were approved.
The Ninth Circuit vacated FERC's permit approval for the Bradwood project, but also dismissed the state's petition as moot. So, the court didn't rule on whether FERC was wrong in approving a federal license for Bradwood Landing before the developer had gotten all the required state permits.
"I think we're gratified that the order we were objecting to has been vacated," Green said, "but at the same time the main issue we were grappling with was not resolved with this decision."
Green said the state has raised the same complaint in FERC's approval of the Jordan Cove LNG project – the new front-runner proposed for Coos Bay – and is still waiting for FERC's response.