Jordan Cove LNG fight heats up in Spring 2020
While our communities continue to stay home to save lives during the global coronavirus pandemic, efforts from Pembina (the Canadian corporation behind the project) to move the Jordan Cove LNG project forward haven’t slowed down.
Although so much of life is on pause during this global health crisis, the fight to stand up for clean water and healthy communities here in southern Oregon and across the state is only intensifying. Here’s a review of what’s happened since January 2020 and how you can make a difference in stopping the Jordan Cove LNG project once and for all!
Fighting the Jordan Cove LNG Project in Spring 2020
In late January, Jordan Cove LNG requested an extension from the Oregon Department of State Lands (DSL) on its required removal-fill permit from the state. Oregon DSL denied Jordan Cove’s request, which resulted in Pembina withdrawing their application.
On February 19th, the Oregon Department of Land Conservation and Development (DLCD) denied the Coastal Zone Management Act certification for the project. This denial came the night before the deadline for the Federal Energy Regulatory Commission (FERC) to approve or deny certification for the project under the Natural Gas Act.
Less than 24 hours later, the Federal Energy Regulatory Commission (FERC) voted 2-1 against Jordan Cove LNG. Critically, however, the Commission clearly stated that this is not a denial of the project, but rather reflects the need for more time to review the state of Oregon’s permit denial the night before.
On March 19th, as many of our communities in Oregon were just beginning to grapple with the impacts of the coronavirus pandemic, the Federal Energy Regulatory Commission (FERC) conditionally approved certification under the Natural Gas Act for the project. The approval is contingent upon a number of conditions that must be met by Pembina, including receiving approved Clean Water Act and Coastal Zone Management Act permits that have been denied by the state.
That same day, Pembina filed a request for the U.S. Secretary of Commerce to override the state of Oregon’s denial of the Coastal Zone Management Act (CZMA) certification. Around the same time, Senator Ron Wyden issued a statement opposing the Jordan Cove LNG project.
Almost one week later, Oregon Governor Kate Brown’s stay at home order to address the global coronavirus pandemic went into effect on March 26th.
On April 20th, the Klamath tribes, impacted landowners, and more than 25 public interest organizations (including Rogue Riverkeeper) filed a rehearing request to the Federal Energy Regulatory Commission’s (FERC) conditional approval of the project. The state of Oregon also filed a request arguing that FERC improperly issued a conditional approval despite multiple failures of Pembina to acquire state approvals.
Governor Brown also issued a statement that she would defend the decisions that Oregon agencies make on Jordan Cove LNG:
“I want to reiterate that I will not stand for any attempt to ignore Oregon’s authority to protect public safety, health, and the environment. I have asked the state’s lawyers to consider all appropriate legal action to assure that Oregon permitting processes will be followed. And let me be clear to the concerned citizens of Southwest Oregon: Until this project has received every single required permit from state and local agencies, I will use every available tool to prevent the company from taking early action on condemning private property or clearing land.”
Pembina also filed a rehearing request to FERC for their own approval of the project. On April 21st, Pembina also filed a petition to FERC claiming that Oregon waived its authority under the Clean Water Act to approve or deny a Section 401 state water quality certificate for the project. Based on these attempts, it seems that even Pembina recognizes that it cannot meet the requirements of the Clean Water Act and the Coastal Zone Management Act to receive state approvals without trying to change the rules in its favor.
On May 21st, FERC announced that it would deny all requests for rehearing for the Jordan Cove LNG export terminal. The State of Oregon, multiple Tribal governments, landowners impacted by eminent domain, fishers and crabbers, and environmental groups had all requested FERC revisit its ruling on the widely-opposed project.
On May 27th, Rogue Riverkeeper joined with Rogue Climate and eleven other community and environmental organizations to challenge the Federal Energy Regulatory Commission’s (FERC) conditional approval of the Jordan Cove LNG project. Last week, a group of impacted landowners along the pipeline route filed their own challenge to the project.
Read more about our legal challenge to the FERC conditional approval of the Jordan Cove LNG project.
On June 10th, the state of Oregon also submitted a petition for judicial review to challenge the Federal Energy Regulatory Commission (FERC) approval of the Jordan Cove LNG project. This legal challenge from the state is an important indication that Oregon’s expert agencies plan to fight for clean water, landowners threatened by eminent domain, and a stable climate.
What’s the current status of key permits?
Although we can’t join together in person right now, you can still make a difference from home!
There are a number of local, state, and federal permits that are required for the Jordan Cove LNG project. We work closely with a number of partner organizations that track and respond more to local permit decisions. Here are just a few of the key state and federal decisions that are currently in play and are critical to stopping the project once and for all:
Oregon Department of State Lands (DSL) Removal-Fill Permit: WITHDRAWN.
Oregon Department of Environmental Quality (DEQ) Clean Water Act Section 401 Certification: DENIED.
The federal Clean Water Act authorizes states to review these types of large infrastructure projects and either approve or deny the Section 401 state water quality certification. In May 2019, Oregon DEQ DENIED the 401 certification for the project because Jordan Cove LNG failed to provide reasonable assurances that the project would comply with state water quality standards. Pembina submitted a petition to FERC on April 21, 2020 claiming that the state waived its authority to issue this certification.
Oregon Department of Land Conservation and Development (DLCD) Coastal Zone Management Act Certification: DENIED.
The federal Coastal Zone Management Act (CZMA) authorizes states to review large infrastructure projects to determine impacts to the state’s coastal zone and compliance with relevant state and federal laws to protect the environment and public health. In Oregon DLCD’s denial, the agency specifically states that “coastal adverse effects from the project will be significant.” On March 19th, Pembina filed a petition asking the U.S. Secretary of Commerce to override Oregon’s denial of the CZMA certification.
Federal Energy Regulatory Commission (FERC) Certification under the Natural Gas Act: CONDITIONAL APPROVAL.
After voting to delay its decision, FERC conditionally approved the Jordan Cove LNG project on March 19th. Rogue Riverkeeper, together with impacted landowners, the Klamath Tribes, and more than 20 other organizations challenged this conditional approval in April 2020.
What does all this mean for stopping the Jordan Cove LNG project?
What all of this boils down to is that, in the middle of a global health crisis, the Trump administration is approving massive fossil fuel export projects like Jordan Cove LNG which will impact our waterways, communities, and climate. While our communities stay home to stay safe and grapple with the impacts of the coronavirus pandemic, we must also fend off efforts from Pembina to change the rules in their favor.
It’s critical that the state of Oregon stands strong in its denial of the permits for this project. With your support, we will continue to track and respond to any efforts to overturn or override state denials. Together, we can push back on this misguided decision and stop this harmful project once and for all.