The Oregon Department of Land Conservation and Development on Feb. 19 chose to deny the Jordan Cove Energy Project’s Federal Consistency application.
In a letter to Mike Koski with the Jordan Cove Energy Project, DLCD wrote: "After careful review of the proposed project, in conjunction with receiving extensive public comment, and coordination with coastal partners, DLCD has determined that the coastal adverse effects from the project will be significant and undermine the vision set forth by the OCMP and its enforceable policies.
"Coastal effects analyses show that the project will negatively impact Oregon’s coastal scenic and aesthetic resources, a variety of endangered and threatened species, critical habitat and ecosystem services, fisheries resources, commercial and recreational fishing and boating, and commercial shipping and transportation, among other sectors critical to the state.
"CZMA section 307(c)(3) (A) requires DLCD to notify the federal agencies concerned that the state objects to the certification 'at the earliest practicable time.' As a result of this objection, neither FERC nor the Corps can grant a license or permit for this project unless the U.S. Secretary of Commerce overrides this objection on appeal."
In response to the DLCD’s federal consistency denial, the Federal Regulatory Energy Commission has decided to push off making a final decision on federal permits for the JCEP until after it has a chance to review the decision by the DLCD.
"We watched with interest the Commission’s actions at today’s meeting. We also just received Oregon Department of Land Conservation and Development's letter late last night and like the FERC, we are taking our time to review it now," Jordan Cove spokesperson Paul Vogel said. "We respect the Commissioner’s thoughtful consideration and look forward to their final decision at their next opportunity."
At Thursday's meeting, FERC commissioner Bernard L. McNamee said that he needed time to review information sent to FERC before making a decision.
“I want to see what the State of Oregon said, and I need that information to inform my decision, whether I’m ultimately going to vote for or against Jordan Cove," McNamee said.
An applicant for any federally permitted project must obtain a Coastal Zone Management Act consistency concurrence for the federal permit or license to be granted in Oregon’s coastal zone. DLCD has completed its evaluation of the Federal Consistency Application and Joint CZMA Certifications submitted by JCEP and has determined the proposed project has not established consistency with multiple enforceable policies of the Oregon Coastal Management Program.
The DLCD decision to deny comes weeks after the JCEP decided to withdraw its application for a Removal-Fill Permit with the Department of State Lands a day ahead of DSL’s decision on that permit. The JCEP has also yet to reapply for its 401 Water Quality certification with the Oregon Department of Environmental Quality.