Environmentalists challenge ruling approving refinery pier expansion

THE ASSOCIATED PRESS

Originally published December 8, 2001

BELLINGHAM -- A coalition of environmental groups and individuals is appealing a federal court ruling that supports the U.S. Army Corps of Engineers decisions in approving a pier expansion at the BP Cherry Point Refinery.

The appeal contends there was not enough study of the expansion's impact on the dwindling herring population. It was filed Thursday by Ocean Advocates, Fuel Safe Washington, Bellingham-based group RE Sources and local commercial fisherman Dan Crawford.

"This is no time to be kicking the Cherry Point herring, when they're down," said Crawford, a commercial crab and salmon fisherman who lives in Sudden Valley. "It's time to show some precaution if we ever want to see them recover."

The Oct. 10 ruling found the U.S. Army Corps of Engineers was correct in not requiring additional environmental reviews of the expansion. The decision stalled an effort by the environmental organizations to limit the number of tankers that dock at the pier each year.

The original lawsuit, filed by Ocean Advocates and others, alleged that the corps violated federal law in approving a permit extension for expansion of the now-constructed pier extension at the refinery.

The lawsuit asked the court to limit the amount of crude oil that can be processed at the refinery, and to require the corps to prepare an environmental impact statement on the dock expansion to better protect herring, a prime source of food for area salmon and orcas.

The pier was completed while the lawsuit was pending.

Fred Felleman, a leader in Ocean Advocates and Fuel Safe Washington, said the decision is being appealed for a number of reasons, including potential cuts in federal funding for the Neah Bay rescue tug, which was posted to respond to oil tanker spills.

No hearing date has been set for the appeal.

Cherry Point herring have been disappearing in recent years from more than 6,324 tons in 1994 to less than 800 tons last year. The stock, historically the largest in the state, is Washington's only spring-spawning herring stock.

The Olympian Copyright 2001

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