Home » In the News » LUBA Remands Jordan Cove Worker Camp permit back to the City of North Bend.

LUBA Remands Jordan Cove Worker Camp permit back to the City of North Bend.

 
Citizens Rally before City of North Bend Meeting 7-16-2014

Citizens Rally before City of North Bend Meeting 7-16-2014

Citizens won a victory on January 27, 2015, when the Oregon Land Use Board of Appeals (LUBA) Remanded an Appeal filed by Petitioners Jan Dilley and Jody McCaffree, concerning a Jordan Cove Worker Camp permit, back to the City of North Bend.
 
Due to this LUBA ruling, citizens will now be allowed to participate and have a voice before the North Bend City Council in a new hearing on the proposed Jordan Cove Worker Camp permit.  Even though the LUBA decision could be appealed within 21 days to the Oregon Court of Appeals, it is hoped that the City of North Bend will honor the spirit and intent of Oregon Statewide Planning Goal #1 and allow citizens their right to have their voices heard.
 
Some History
 
On May 2, 2014, Jan Dilley, on behalf of herself and 60+ other citizens, challenged a North Bend Planning Commission approval of a Jordan Cove Worker Camp permit  by filing a timely appeal of the Planning decision to the North Bend City Council.  This should have prompted the City of North Bend to hold a new (de novo) hearing on the matter.  However, on May 27, 2014, the North Bend City Council disqualified Dilley’s appeal based on their determination that Dilley did not have standing to appeal the decision because she had not attended the March 17th initial evidentiary hearing and had not, in their opinion, established “party status.”
 
Jan Dilley had not attended the March 17th hearing because she did not know about it.  The City of North Bend had not noticed the Worker Camp hearing in the local press so very few citizens in the area had any idea that it was even occurring.
 
Jordan Cove Worker Camp Proposal
 
The Jordan Cove Worker Camp has proposed to add some 2,100 additional people to the City of North Bend, which amounts to a more than 20% increase in the current total population of the City of approximately 9,545 residents.
 
The Worker Camp permit had committed the City of North Bend to pay for two thirds of the cost of upgrading a $350,000 pump station necessary to facilitate the camp.
 
The proposed Worker Camp permit had also incorporated the Simpson and Ferry Road Parks and trails by specifying that the Applicant would construct a pedestrian sidewalk connecting the workforce housing site to the existing path network in Simpson Park.
 
The parks and trails are used daily by nearby residents in the Simpson Heights neighborhood and many other North Bend residents as well. City activities, such as the annual Police Department picnic and the Bay Area Labor Day picnic are traditionally held at Ferry Park.
 
Residents Concerns
 
The City had failed to satisfy Oregon’s very minimal 100 foot rule by not serving written notice on all the residents within 100 feet from the parameters of the parks and path networks incorporated by Condition into the Worker Camp permit.
 
Absorbing 2,100 workers adjacent to our parks is a citywide concern and the City of North Bend should have went out of their way to make sure that all North Bend residents were well informed about the proposed Worker Camp project and permit application long BEFORE the initial Planning hearing occurred.
 
The only access from the proposed Worker Camp to the Jordan Cove job site North of the McCullough Bridge would be by using Ferry road, which is also the main road used by the Simpson Heights Neighborhood to access Hwy 101.  The proposed Worker Camp would require installation of a traffic light at Ferry Road and Hwy 101 and cause congestion at the bridge.  The small community of Simpson Heights (230-240 residences) would be seriously impacted by the addition of 2,100 workers vehicles and the proposed 20 buses that would continually commute from the Worker Camp to the Jordan Cove job site. 
 
LUBA’s Decision
 
The Oregon Land Use Board of Appeals (LUBA) in the end  disagreed with the City of North Bend and their decision to disqualify Jan Dilley.  LUBA determined that Dilley had obtained “party status” when she signed the April 21, 2014 sign in sheet where the final Planning decision on the Worker Camp permit was made.  The City had used the sign in sheet as the Service List for mailing the “parties of record” a copy of the Planning Final Decision and Order.  Dilley was included in that mailing.  The LUBA ruling stated:
 
Accordingly, we agree with petitioners that Dilley has established that she “requested notice of the decision,” and that the city council erred in dismissing her appeal for failure to demonstrate “party status” on that basis…. …The city’s decision is remanded.”
 
* The LUBA decision can be read here.
* The Dilley/McCaffree LUBA Petition for Review Brief can be read here. (6 MB)
* More information about the entire case go to: http://www.simpsonheights.info
 
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KCBY
http://www.kcby.com/news/local/Land-Use-Board-of-Appeals–290381251.html?tab=video&c=y
No. Bend Council decision on land near Simpson Heights challenged
By Hannah Kintner
Published: Jan 30, 2015
 
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ADDITIONAL LOCAL NEWS
 
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The World
http://theworldlink.com/news/local/business/lng-it-s-both-if-and-when/article_fcc8ee42-5b37-55f2-a7b9-744e91d56414.html
The World Front Page Jan 31, 2015 ELNG — it’s both ‘if’ and ‘when’
Veresen remains optimistic, but some energy experts question Jordan Cove
By Chelsea Davis
January 31, 2015
 
…“If these guys want to spend all this money to export LNG, let them hang themselves,” Berman said. “We (the United States) get it wrong every time and it just seems like we’re on track to do it again.
 
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The World  – Editorial
http://theworldlink.com/news/opinion/editorial/our-view-we-can-t-afford-to-wait-on-lng/article_f5f07083-027d-59c3-9ae3-1ef223dc2d8f.html
Our View: We can’t afford to wait on LNG [For planning our future.]
Jan 31, 2015
 
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The Oregonian
http://www.oregonlive.com/environment/index.ssf/2015/01/feds_reject_oregons_coastal_po.html
Feds reject Oregon’s coastal pollution plan, could impose financial sanctions
By Kelly House
January 30, 2015
 
Federal regulators have ruled Oregon’s plan for reducing coastal pollution due to runoff from logging, agriculture, stormwater runoff and other sources insufficient…
 
(Read entire article at link above.)
 
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FERC
FERC Chairman Cheryl A. LaFleur responds to Senator Wyden’s request for additional comment time on the Jordan Cove Draft EIS.
Jan 29, 2015
 
“…While I appreciate your input, we did not believe it was necessary to extend the comment period further.   I believe 90 days is an adequate time for concerned Oregonians to provide their comments to the FERC without unduly delaying completion of our review. …”
 
(Read entire letter at link above.)
 
NOTE :  The FERC comment deadline on the Draft EIS remains Feb 13, 2015.  Find out more info on that here:
http://elibrary.FERC.gov/idmws/file_list.asp?accession_num=20141107-3007
 
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FERC
Jackson County Democrats express concerns to FERC about the Jordan Cove LNG Export project
Jan 28, 2015
 
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The World – Guest Editorial
Your View: Enhancement plan shortchanges Coos County coffers
By Mary Geddry
Jan 27, 2015
 
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The World – Letter to the editor
Time to start preparing
by Daniel Partner – Coos Bay
Jan 27, 2015
 
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The World – Letter to the editor
Confidence wanes under LNG
Dick Anderson – North Bend
Jan 26, 2015
 
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The Mail Tribune
GUEST OPINION
Guest Opinion: Market forces work against LNG project’s success
By Ray M. Johnson – Shady Cove
Jan. 25, 2015
 
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Sutherland LNG Law Blog
Oregon Stays Coastal Zone Management Act Certification for Jordan Cove Energy Project and Oregon LNG Terminals
Jan 22, 2015
 
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The World – Letter to the editor
http://theworldlink.com/news/opinion/mailbag/lng-a-terror-magnet/article_dba9c043-32e1-5765-97b6-a9907a459ec0.html
LNG a terror magnet
By Claudia Craig – Charleston
Jan 15, 2015
 
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Mail Tribune – Editorial
http://www.mailtribune.com/article/20150111/OPINION/150119947/101085
OUR VIEW
Our View: A pipeline should not run through it
Posted Jan. 11, 2015
 
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The World – Letter to the editor
http://theworldlink.com/news/opinion/mailbag/jobs-but-at-what-cost/article_ba13cdcb-3b41-53e0-b982-8a2dff612450.html
Jobs, but at what cost?
By Michael Krumper – North Bend
Jan 8, 2015
 
“Manufacturing in North America is as battered as family farming, which means that well-paying union jobs are so scarce that people will fight for whatever jobs are on offer, no matter how dangerous, precarious, or polluting to themselves, their families, or their own communities …
 
“For instance, a 2012 study from the Canadian Centre for Policy Alternatives compared the public value from a $5 billion pipeline … and the value that could be derived from investing the same amount in green economic alternatives. It found that if $5 billion is spent on a pipeline, it produces mostly short-term construction jobs, big private sector profits, and heavy public costs for future environmental damage. But if $5 billion is spent on public transit, building retrofits, and renewable energy, economies can gain, at the very least, three times as many jobs in the short term, … at the highest end, green investment could create 34 times more jobs than just building another pipeline.” … (Emphasis added)
 
(Read entire letter at the link above.)
 
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The World – Guest Editorial
http://theworldlink.com/news/opinion/editorial/is-the-window-closing-on-jordan-cove/article_ed9c11cb-4098-5154-9127-82ee62c1e8d9.html
Your View: Is the window closing on Jordan Cove?
By Wim de Vriend
Jan 7, 2015
 
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IN THE NEWS – NATIONAL
 
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NOTE:  ARE THESE GUYS CRAZY? Why are Republican Congressmen so set on raising our American energy costs which will negatively impact American citizens, our economy and our manufacturing base?  Time to wake up America!  
 
Sutherland LNG Law Blog
http://www.lnglawblog.com/2015/01/senate-committee-holds-hearing-on-bill-to-expedite-u-s-lng-exports/
Senate Committee Holds Hearing on Bill to Expedite U.S. LNG Exports
Jan 30, 2015
 
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Sutherland LNG Law Blog
http://www.lnglawblog.com/2015/01/u-s-house-passes-bill-to-expedite-u-s-lng-exports/
U.S. House Passes Bill to Expedite U.S. LNG Exports
Jan 28, 2015
 
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American Progress
https://www.americanprogress.org/issues/green/report/2015/01/27/105441/potential-consumer-price-impacts-of-efforts-to-rapidly-expand-exports-of-liquefied-natural-gas/
Potential Consumer Price Impacts of Efforts to Rapidly Expand Exports of Liquefied Natural Gas
By Alison Cassady | Tuesday, January 27, 2015
 
…Although this could help natural gas producers’ bottom lines, higher prices also could have a significant economic effect on residential, commercial, and industrial consumers of natural gas across the country. The Center for American Progress reviewed the EIA data and found that high levels of LNG exports could increase annual natural gas bills for residential, commercial, and industrial consumers by at least $7 billion per year by 2020 and up to $14 billion per year by 2040.
 
Given this potentially significant consumer impact, CAP recommends that the Obama administration carefully weigh any decision to approve high levels of LNG exports and urges Congress to reject efforts to truncate or hurry the DOE’s review of pending applications. Additionally, CAP urges states to commit to ambitious renewable energy and energy-efficiency efforts in order to protect consumers from natural gas price spikes and limit the potential economic vulnerability of overcommitting to natural gas… (Emphasis added)
 
(Read entire article at link above)
 
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Common Dreams
http://www.commondreams.org/news/2015/01/28/amid-gas-drilling-boom-investigators-warn-systemic-pipeline-safety-hazards
Amid Gas Drilling Boom, Investigators Warn of Systemic Pipeline Safety Hazards
Accidents involving ‘high consequence area pipelines,’ where people or buildings are more likely to be impacted, have increased in recent years
By Lauren McCauley, staff writer
Wednesday, January 28, 2015
 
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Think Progress
http://thinkprogress.org/climate/2015/01/27/3615805/west-virginia-gas-pipeline-explosion/
Pipeline Explodes In West Virginia, Sends Fireball Shooting Hundreds Of Feet In The Air – video
By Emily Atkin
January 27, 2015
 
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The Register Guard
http://registerguard.com/rg/opinion/32657719-78/tackling-methane.html.csp
Editorial
Tackling methane
Obama proposes steep cuts in emissions of potent gas
January 19, 2015
 
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NOTE: Amazing!  What they said could never happen has just happened.  Considering how the U.S. Coast Guard handled the grounding of the New Carissa,  citizens should be concerned. 
 
LNG World News
http://www.lngworldnews.com/teekay-confirms-magellan-spirit-lng-carrier-aground-off-bonny/
Teekay confirms Magellan Spirit LNG carrier aground off Bonny
Jan 9, 2015
 
Teekay confirmed its fully loaded, 165,600 cbm LNG carrier, Magellan Spirit has run aground 6 miles off Nigeria…
 
(Read entire article at link above)
 
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LNG World News
http://www.lngworldnews.com/magellan-spirit-to-be-assisted-by-excelerates-lng-carrier/
Magellan Spirit to be assisted by Excelerate’s LNG carrier
Jan 14, 2015
 
Teekay’s LNG carrier Magellan Spirit could be refloated soon as Excelerate Energy’s LNG carrier Excellence is on its way to take onboard a portion of the grounded vessels cargo…
 
(Read entire article at link above)
 
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