Corps: Coal Terminal Violates Tribal Rights, Won't Permit

The U.S. Army Corps of Engineers on Monday denied a permit to a $700 million project to build the nation's largest coal-export terminal in northwest Washington state, handing a striking victory to the Lummi tribe which argued the project would violate its treaty-protected fishing rights.

The decision ends the federal environmental review of a deep-water port that would have handled up to 54 million metric tons of dry bulk commodities, mostly coal, at Cherry Point.  The venture between SSA Marine and Cloud Peak Energy proposed receiving coal by train from Montana and Wyoming for export to Asia.

Col. John Buck, commander of the corps' Seattle district, said the Gateway Pacific Terminal project can't be permitted because the impacts from the trestle and three-vessel wharf would interfere with the tribe's treaty rights to fish in its traditional areas.

"The corps may not permit a project that abrogates treaty rights," Buck said.

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