North Portland Coal Committee

Department of State Lands Newsroom For immediate release 14-17

ANOTHER NO COAL ARTWORK ON EXHIBIT IN DOWNTOWN PORTLAND
Bonnie Meltzer's "Particulate Matter", a crocheted fishing line with beads and shells artwork is on exhibit on the 3rd floor of Pioneer Place at the Mark Woolley Gallery. The exhibit includes 275 of the artists who have been on Oregon Art Beat, the OPB tv show that highlights Oregon artists of all kinds. The exhibit continues until June 19. There is a reception on May 17. I will be there for the whole time, ready for chats about coal.

GOOD NEWS FROM OREGON GOVERNOR KITZHABER
Thank you Richard Ellmyer for summarizing.

"It is time to once and for all to say NO to coal exports from the Pacific Northwest." Governor John Kitzhaber April 19, 2014*

With this statement alone Governor John Kitzhaber joins the pantheon of former impressive governors of Oregon, Oswald West and Tom McCall. Their love for Oregon rose them above the political morass and guided their inspired and righteous decision making to the benefit of future generations. Thank you.

With this statement alone Governor John Kitzhaber assures the active and enthusiastic support from the majority of Oregonians who want to keep Oregon one of the last clean and green states in America.

"The Australian corporation proposing a coal export terminal in Boardman has repeatedly failed to provide requested information about its proposal. More recently, several Columbia River tribes have provided documentation that the proposed facility would destroy at least three Native American fishing sites protected by treaty. This information, along with prior submittals, also shows that increased barge traffic would interfere with fishing and other public uses of the Columbia River.

Ambre Energy has been given two years to show that its proposal will meet Oregon’s regulatory standards and to date has been unable to demonstrate its ability to do so. The time has come to call the question and I expect the Oregon Department of State Lands to make its final decision by no later than May 31, 2014."

Mary Abrams, executive director of the Department of State Lands and the only person with the statutory authority, will actually make the decision on any fill/removal permit. Nevertheless, Kitzhaber's strong and unequivocal statement against coal exports tells us that he and his administration are fully prepared to go to court, if necessary, to defend a denial of the fill/removal permit for the Ambre Energy proposed Coyote Island coal terminal at Port Morrow near Boardman, Oregon.

Kitzhaber goes on:
"Unfortunately, Oregon law is more limited in terms of what we can consider in reviewing large-scale projects such as the proposed Ambre coal export facility. I assure you, however, that we are carefully reviewing all of the issues under our authority, and that I will do all that I can within the context of existing Oregon law to ensure that we do not commit ourselves to a coal-dependent future.

Furthermore, I have asked my staff to develop proposals for the 2015 Oregon Legislature that, going forward, will assure that there is a comprehensive public review of the costs and benefits of significant development proposals like the coal export facilities now on the drawing boards.

The future for Oregon and the West Coast does not lie in nineteenth century energy sources. The 21st century will mark the transition to clean energy sources, and the regions that lead this transition will be the places where our families will find the jobs of the future. I intend that this will be one such region."

Kitzhaber's strong and unequivocal statement against coal exports tells us that he and his administration are fully prepared to do whatever it takes to stop coal exports through Oregon.

Ambre Energy stockholders should demand that their corporate executives immediately withdraw their Coyote Island coal terminal proposal.

Failure of Ambre Energy directors to see the futility of continuing to spend their shareholders' scarce financial reserves on a project that is destined to fail would be a breach of their fiduciary duty and subject them to shareholder accountability.

Richard Ellmyer
Read the whole speech here:

Oregon League of Conservation Voters - Keynote (041914) “To serve is beautiful,” Pearl Buck once said, “but only if it is done with joy and a whole heart and a free mind.”The environment lost a joyous warrior, a great friend and a tireless champion this year with the death of Tim Lillebo. I’d like to dedicate this talk to him. Tim was an eastern Oregon f…

WHERE WE ARE NOW & THOUGHTS ABOUT THE CAMPAIGN TO STOP COAL IN THE NW
Richard Ellmyer writes:

The Sierra Club made a major tactical mistake when it fearfully avoided lobbying the Oregon and Washington legislators to submit any type of legislation that would put the subject of coal exports on the legislative table for public discussion before the beginning of their sessions that began in January 2013. As a result, given a free ride, not a single member of the Oregon and Washington legislatures submitted any coal export bill nor did any of the 237 feel obliged to even speak up publicly against coal exports through the Pacific Northwest. Nor did the Sierra Club seriously challenge the Oregon and Washington congressional delegations to take a public stand against the sale and shipment of Powder River Basin Coal through the Pacific Northwest. And they haven't, including all four PNW senators that made speeches and a fuss about climate change in a recent U.S. Senate showboat all nighter. These failures were a major display of political cowardice by all parties involved.

The Sierra Club has recently spent considerable sums of its member's money on a misguided and fruitless advertising campaign aimed at getting governor John Kitzhaber to reject a fill/removal permit for the proposed Coyote Island coal terminal at Port Morrow. Despite the Sierra Club's considerable access to legal talent it has continuously failed to understand that the granting or denial of any fill/removal permit from the Department of State Lands is solely under the jurisdiction of the DSL executive director, Mary Abrams. Neither the governor of Oregon nor the State Lands Board have any statutory authority to instruct or direct the DSL executive director in any matters involving fill/removal permits.

In addition, there are legal guidelines for the granting or denial of any fill/removal permit from the Department of State Lands that must be observed. Public policy considerations are not among the legal criteria. Whatever determination is made by DSL executive director, Mary Abrams, must be defensible in court.

The Sierra Club and its followers in the Power Past Coal coalition must stop assaulting governor Kitzhaber over granting or denial of any fill/removal permit. He is NOT an actor in that drama.

The Sierra Club and its followers in the Power Past Coal coalition must stop assaulting DSL executive director, Mary Abrams, over granting or denial of any fill/removal permit. She must and will make her decision based on the rules of the game which she can and probably will have to defend in court.

Land Lease Requirement MAJOR New Issue - Possibly.
On March 14, 2014 the DSL sent a letter to Ambre Energy advising them that, "it appears that a portion of the operation will be located over state-owned submerged and submersible lands and proprietary authorization will be required." **

The facts related to this significant new development are as follows:
A. The March 14th letter is merely an invitation to discuss the possibility that land leases may be required.

B. ORS 274 and OAR 141-082-0260 are the relevant statutes and rules.

C. Matt Devore is the new DOJ general counsel to DSL. Devore and the governor's office, most likely Richard Whitman - Natural Resources Policy Advisor - will determine if DSL land leases are required for the Coyote Island permit and who would have statutory authority to grant these land leases.

D. March 31 is not a deadline but a suggested date for submission of an updated application. April 30th is a deadline but a "soft" one which can easily be extended by mutual consent of the parties as it has been several times.

E. A fill/removal permit for the proposed Coyote Island coal terminal can be granted with the proviso that work cannot begin unless and until all required land leases are eventually granted.

Observations And Opinions
A. The land lease requirements as stated in the DSL March 14th letter** are likely to be decided by DSL general counsel et. al. by April 30th. This is somewhat of a gray legal area. Should a decision be made to require additional land leases it will indicate a willingness of the DSL and the governor's office to defend this interpretation of ORS 274 and OAR 141-082-0260 in court.

B. If these additional land leases are required then the issue of who approves them arises. Should this situation unfold then the matter moves from permit to policy and demands a political hearing and solution.

C. Ambre should read the writing on the wall. Governor Kitzhaber, man of medicine, man of science, candidate for reelection will find a way overtly or covertly to stop coal exports through Oregon. The days of a free ride on the give-away pricing of Powder River Basin coal are over. The marketplace for Powder River Basin coal exported to Asia is rapidly diminishing daily. A majority of the people living in Oregon and Washington, the cleanest and greenest part of America, have already agreed to shut down the last remaining two coal fired power plants. We will not tolerate coal exports through our communities.

D. Environmental organizations should start using their resources to challenge our congressional delegations and state legislative candidates and legislators to stand up and publicly oppose coal exports through Oregon and Washington.

http://portlandtribune.com/sl/214932-74399-anti-coal-export-coalition-buys-billboards-radio-ads-to-prod-kitzhaber-on-terminal-

Anti-coal export coalition buys billboards, radio ads to prod Kitzhaber on terminal Find more news articles and stories online at PamplinMedia.com

THE VERY LATEST ON THE COAL EXPORT ISSUE IN OREGON. This story gets more interesting every day.It isn't just about permits it is about leasing land belonging to the state of Oregon. Everybody cross your fingers now.
http://enewspf.com/latest-news/science/science-a-environmental/51119-state-of-oregon-requires-new-land-lease-for-morrow-pacific-coal-export-project.html

State of Oregon Requires New Land Lease For Morrow Pacific Coal Export Project New state land lease requirement deals additional blow to fledgling coal export proposal

DID YOU WATCH THE SENATE ALL NIGHT LONG SESSION ON CLIMATE CHANGE? Senator Brian Schatz from Hawaii put this together. Fantastic, 30 senators had a serious seminar and conversation about climate change. It is now 1:27 am and I must go to bet but the senators will be there until 9am (6am Pacific time). They mostly talked science. I caught it on CSPAN2. I bet they repeat it tomorrow. There is an article about it in Huff Post, but try CSPAN first.

ANOTHER COAL TRAIN DERAILMENT
29 Cars spill their load in Montana.

Coal train derails in eastern Montana More than two dozen cars of a BNSF Railway Co. freight train hauling coal from the Powder River Basin in Wyoming to Minnesota have derailed in eastern Montana, spilling some of the load.

COAL DUST STUDIES -- WHO DID THEM - AND WHAT THEY MEAN

Dust Up | Sightline Daily Amid all the debate about the risk coal trains spreading coal dust into areas near the railroad tracks, it’s often forgotten that the subject is controversial even within the industry. How to control coal dust---or...

BAD BUSINESS FOR PEAPODY, GOOD FOR STOPPING COAL EXPORTS

Peabody Energy, Gateway Pacific, and the Asian Coal Bubble | Sightline Institute The collapse of the Pacific Rim coal bubble has put all West Coast coal export plans in jeopardy. But no company has more to lose from the price collapse than Peabody Energy, one of the...

VOTE IN THE OREGONIAN POLL
It’s good for the Oregon economy
It’s not worth the environmental damage
Still need more information
You know how I voted. Let's get those numbers up for It's not worth the environmental damage.

Do you support the Ambre Energy project that would ship coal through the Port of Morrow? The Eastern Oregon Forum, featuring both supporters and detractors of the Ambre plan, is Tuesday at 7 p.m. at the BMCCScience and Technology Building in Pendleton.

HAPPY BIRTHDAY DEAR OREGON. Please don't give us coal for a birthday present. It would be the unwelcome gift that would keep on giving.

WHAT CAN YOU BUY FOR UNDER $10 A TON? Coal on public lands have been sold cheap and the buyers resell it for a lot. Read it here. More good reasons to stop the coal export.

Don’t Sell Cheap U.S. Coal to Asia It’s bad for the climate, and American taxpayers are being shortchanged.