Litigation Sucessful Resolved for Channel Deepening:

Yesterday, U.S. District Judge Ricardo Martinez ruled in favor of the Columbia River Channel Improvement Project. Judge Martinez concluded the defendants: U.S. Army Corps of Engineers; the National Oceanic Atmospheric Administration (NOAA – formerly known as National Marine Fisheries Services or NMFS); and sponsoring ports (ports of Portland and St. Helens in Oregon and Kalama, Longview , Vancouver and Woodland in Washington ) did complete a proper analysis of project impacts under federal law. The Coalition celebrates this momentous decision by the removal of this final potential roadblock for the project.

In April 2004, Northwest Environmental Advocates and Earth Justice (plaintiffs) filed a federal lawsuit in an attempt to stop channel deepening of the Columbia River federally authorized navigation channel. They challenged several aspects of the Corps’ Final Supplemental Integrated Feasibility Report and Environmental Impact Statement (FSEIS) and NMFS’s May 2002 Biological Opinion. The following are a few examples of the issues raised by the plaintiffs and how Judge Martinez ruled on those issues.

In challenging the FSEIS the plaintiffs stated it failed to comply with the National Environmental Policy Act (NEPA) by not considering all direct or indirect impacts of the projects, connected actions and cumulative effects, etc. For one example, the plaintiffs argued dredging at the mouth of the Columbia River (MCR) should have been included in the NEPA analysis as to directly or indirectly pertain to Channel Deepening. However, since MCR has been conducted for over 20 years without Channel Deepening and the Corps conducted separate NEPA analyses during that time, Judge Martinez ruled that MCR and Channel Deepening are two separate projects – also noting that both projects are separately funding by Congress. Overall, Judge Martinez ruled that the Corps and the sponsor ports did take a requisite “hard look” at project impacts as required by the NEPA and that no further analyses of the NEPA is required.

As for challenging the Corps’ economic justification, Judge Martinez agreed that the Corps “closely followed applicable national guidance in performing its analysis.” In August 2002, the Corps convened a panel for an economic independent review process to evaluate the Corps’ economic analysis. The panel found that it was both reasonably conducted and based on well-grounded factual assumptions and economic principles. “Accordingly, the Court finds the defendants correctly analyzed the costs and benefits of the project.”

The plaintiffs stated NMFS’s Biological Opinion failed to comply with the Endangered Species Act (ESA). Judge Martinez upheld NOAA’s Biological Opinion ruling “NMFS fully evaluated the environmental baseline and the effects of the action (channel deepening) when added to that baseline, and it does not appear to be arbitrary and capricious.” Judge Martinez also took into account the proposed action that in part includes ecosystem restoration in which NOAA states the Corps’ proposal for such action is “aimed at increasing the survival and recovery of salmonids by restoring the spatial and temporal diversity and connectivity of habitats available.” Thus, NMFS concluded that the restoration component of the project will actually improve the environmental baseline in the estuary…”

At this time, no litigation stands in the way of the Columbia River Channel Improvement Project.

The Corps contracted Great Lakes Dredge & Docks to perform maintenance dredging and deepening of the Columbia River navigation channel. They began maintenance dredging on June 1, and will begin channel deepening sometime next week. This year, at least 23 miles of the navigation channel will be deepened to 43 feet (13 miles in the Lower Columbia River and 10 miles near the Portland/Vancouver area). In addition, the Corps is scheduled to continue ecosystem restoration and potentially begin the first of three mitigation features.

This is a time of celebration for everyone involved in making this project a success over the past 16 years including: the Northwest Congressional Delegation ( Idaho , Montana , Oregon and Washington ); Oregon and Washington state legislators; state and federal environmental agencies; consultants; and all Coalition members and interested parties.

COALITION KEEPS EXPANDING:
We welcome the following organizations who officially joined the Coalition during the past week:

• Council of American Master Mariners

DID YOU KNOW?:
About 50% of U.S. Wheat is exported. Approximately 40% is exported via the Lower Columbia River . America ’s wheat is one of its largest agricultural exports, and contributes to a positive agricultural trade balance.

Please contact us with any questions, concerns, or information requests. Thanks for your partnership in building a stronger economy through maritime trade.

Dave Hunt, Executive Director
Theeme Holznagel, Office Manager
Columbia River Channel Coalition
(503) 285-6343 (voice), (503) 285-6350 (fax)
CRCC@ChannelCoalition.com (e-mail)