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Wash. court allows environmentalists to intervene in Millennium Bulk lawsuit

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Wash. court allows environmentalists to intervene in Millennium Bulk lawsuit

A Washington state court has allowed environmental groups to join a lawsuit brought by Millennium Bulk Terminals-Longview against the state Department of Ecology.

According to Jan Hasselman, a staff attorney for Earthjustice, a Cowlitz County Superior Court gave the Power Past Coal coalition, which includes the Washington Environmental Council, Climate Solutions, Friends of the Columbia Gorge, Sierra Club and Columbia Riverkeeper, leave to join the case.

The department denied Millennium Bulk a necessary water quality permit in September, but the coal terminal project sued the agency over the decision in October, saying that the department ignored its own water quality findings when it denied the project. Millennium Bulk also appealed the decision through the Washington Pollution Control Hearings Board at the time.

Hasselman, who works on the cases with Power Past Coal, told S&P Global Market Intelligence that "all the lawsuits in the world are not going to resurrect this doomed project."

He said the state agency made the right choice by rejecting coal exports on the Columbia River and that the coalition will stand with them to defend their decision. He also said he believes the superior court case should be dismissed, as the appeal must first be heard by the Pollution Control Hearings Board, which the environmental groups have also intervened in.

On Dec. 4, the coal terminal company also sued the Department of Ecology for allegedly violating the estate Public Records Act on the same day that it separately appealed a decision against shoreline permits it needs for its planned facility.

A spokesperson for Millennium Bulk said that court did not allow the environmental groups to intervene in every claim for the lawsuit.

Jon Sitkin, attorney for Millennium Bulk, said in a statement that the terminal company was pleased with the judge's ruling, which "barred intervention of opposition groups on Millennium's fundamental claims for due process and equal protection." The groups were allowed to intervene on claims related to water quality and the State Environmental Protection Act.

He said that the law surrounding water quality is clear, but that Ecology ignored its own environmental findings that declared the project met all state and federal water quality standards.

"Millennium remains committed to build a world-class port in Longview that creates more family-wage jobs and generates millions in tax revenue while meeting strict local, state and federal environmental standards," he said.