Members of the Lummi Nation stand against a coal export terminal in Washington. Photo from Sierra Club

The Lummi Nation is hoping the U.S. Army Corps of Engineers will put an end to a controversial coal export terminal that has generated significant attention on Capitol Hill.

The tribe believes the Gateway Pacific Terminal will harm its treaty-protected fishing rights at Cherry Point. If the Army Corps agrees, the project developers presumably won't be able to secure the necessary permit to move forward.

“The Corps should honor the trust responsibility and deny the permit,” Chairman Timothy Ballew told the Associated Press. “Our fishermen have fished there since time immemorial.”

The tribe's request prompted SSA Marine, the developer of the terminal, to "temporarily suspend" work on the environmental impact statement for the project earlier this month. The company is also waiting on the Army Corps for its determination, which is expected by the end of this week.

"It makes the most sense to get this ruling out and in the clear," senior vice president Bob Watters said in a press release.

The Crow Tribe has partnered with Cloud Peak Energy to develop a mine on the reservation in Montana. Both are now a part of the proposed Gateway Pacific Terminal in Washington. Photo from Big Metal Coal

The request also led Montana's Congressional delegation to insert language in H.R.8, the North American Energy Security and Infrastructure Act, that would require the Army Corps to hold off until other federal agencies have reviewed the project. The bill passed the House in December despite a veto threat from President Barack Obama.

Politicians in Montana support the project because it benefit the Crow Tribe, whose coal from the Big Metal Mine would be sent to the terminal. The tribe also has a small ownership stake in the terminal itself.

The Senate has not included the same language in its comprehensive energy bill. Any differences would have to ironed out later in the legislative process.

Get the Story:
Feds deciding if coal-export project violates tribal rights (AP 4/24)
Lummi Nation Cherry Point Coal Terminal Decision by End of April (Indian Country Today 4/19)
‘Fat Lady About To Sing’ On Gateway Pacific Export Terminal Near Bellingham (KPLU 4/11)
Backer of proposed coal port stops work amid Lummi Tribe concerns (The Seattle Times 4/2)

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