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State court reaffirms Vancouver Energy lease at Port of Vancouver

The Washington State Supreme Court decision affirmed an appellate ruling that found the port’s lease with Vancouver Energy for a proposed crude oil transfer terminal complies with the State Environmental Policy Act (SEPA).

   The Washington State Supreme Court has reaffirmed a lease agreement between the Port of Vancouver, Wash. and Vancouver Energy that would see the latter build a crude oil transfer terminal at the port, according to a statement from the Port of Vancouver.
   The court’s decision affirmed an appellate ruling that found the lease complies with the State Environmental Policy Act (SEPA).
   The initial appeal, brought by environmental protection groups Columbia Riverkeeper and Northwest Environmental Defense Center, alleged that the lease agreement violated SEPA by limiting the port’s “choice of reasonable alternatives.”
   The state supreme court, however, found the port complied with state law by making the lease contingent upon approval by the Energy Facility Site Evaluation Council (EFSEC) and the governor, and by retaining “mutual authority to approve development, construction, and operations plans for the facility,” Port of Vancouver said.
   “We’re pleased with the court’s ruling,” port CEO Julianna Marler said in a statement. “By ensuring Vancouver Energy’s lease is contingent upon our state’s comprehensive environmental review, we continue to comply with the law while performing our mission of attracting industry and bringing economic benefit to our community.”
   Vancouver Energy is currently undergoing the EFSEC approval process, and the council is expected to finalize the project’s environmental impact statement and issue a recommendation to Gov. Jay Inslee within the next few months.