The Army Corps of Engineers has denied the permit allowing the development of the Gateway Pacific Terminal in Washington state because of the proposed coal export terminal’s impact on protected tribal fishing rights.
“Based upon the facts and findings, the Corps’ determination is that the proposed overwater structure would have greater than a de minimus impact on the Lummi Tribe’s access to its usual and accustomed fishing grounds,” the Corps’ said in its decision.
On this basis, Seattle District Commander Colonel John Buck determined the project was “not permittable as currently proposed”.
In 1855, the Lummi Nation signed the Treaty of Point Elliot, which established various reservations and guaranteed fishing rights in perpetuity at each of the tribe’s usual and accustomed fishing areas. The Gateway Terminal project area covered these areas.
According to the US Army Corp’s of Engineers press release announcing the decision, the Corp’s may not permit a project that abrogates these treaty rights. It also noted that should the Lummi Nation withdraw its objections to the proposal in the future, the project could restart processing of the application.
Edited by Jonathan Rowland.
Read the article online at: https://www.worldcoal.com/handling/11052016/corps-denies-gateway-pacific-permit-2016-755/