Gateway Pacific Terminal Project Suspends EIS

Gateway Pacific Terminal has suspended the Environmental Impact Statement process until after the U.S. Army Corp of Engineers come to a decision on whether they will allow the results and lawful process to proceed without interference from the request of the Lummi Tribe to “deny” them the permits necessary to develop and construct a dry bulk export facility at Cherry point, outside of the normal channels of science and law.

The enormity of how the U.S. Army Corp of Engineers responds will forever be felt by the tax paying residents of Whatcom County. The industrial zoned lands at Cherry Point are under assault and could be turned from a postive revenue force in the county to another blood sucking, tax burden, as was done to the Bellingham Bay operations of Georgia Pacific.

The tax payers will be the biggest winners or losers on this one.GPT EIS Suspension – Media Release

Cherry Pt WA

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2 comments

  1. This is not really “outside the law,” although the law is unsettled. Previous federal court rulings in Seattle have found that, based on treaty fishing rights, the Corps may not issue permits to projects that would take any portion of a treaty tribe’s fishing grounds. Those court rulings have never been affirmed by higher courts, but the Corps in Seattle has generally made it a policy not to grant permits, or even to allow the permit process to proceed, as long as the tribes reject the impact to their treaty rights.

    • The process should be allowed to proceed. SSA Marine has acted in good faith (and a lot of patience) in complying with all the demands that have been put upon them. They are fielding a SEPA and NEPA of unprecedented complexity at a huge privately funded cost. If any entity uses their perceived right above others when it come to the free and open trade of importing and exporting goods, then the http://legal-dictionary.thefreedictionary.com/Commerce+Clause will have been severely damaged.
      Commerce Clause
      The provision of the U.S. Constitution that gives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes.
      Article 1, Section 8, Clause 3, of the Constitution empowers Congress “to regulate Commerce with foreign Nations, and among several States, and with the Indian Tribes.” The term commerce as used in the Constitution means business or commercial exchanges in any and all of its forms between citizens of different states, including purely social communications between citizens of different states by telegraph, telephone, or radio, and the mere passage of persons from one state to another for either business or pleasure.
      Intrastate, or domestic, commerce is trade that occurs solely within the geographic borders of one state. As it does not move across state lines, intrastate commerce is subject to the exclusive control of the state.
      Interstate commerce, or commerce among the several states, is the free exchange of commodities between citizens of different states across state lines. Commerce with foreign nations occurs between citizens of the United States and citizens or subjects of foreign governments and, either immediately or at some stage of its progress, is extraterritorial. Commerce with Indian tribes refers to traffic or commercial exchanges involving both the United States and American Indians.
      The Commerce Clause was designed to eliminate an intense rivalry between the groups of those states that had tremendous commercial advantage as a result of their proximity to a major harbor, and those states that were not near a harbor. That disparity was the source of constant economic battles among the states. The exercise by Congress of its regulatory power has increased steadily with the growth and expansion of industry and means of transportation.

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