Cherry Point's coal debate: new fight on a site with stormy history
The conflict between creating jobs and protecting natural resources has raged before in Bellingham and Western Washington. The biggest battle required decisive intervention by a Republican to save the environment.
For David Given-Seymour and many other Belllingham residents, the debate over a proposed coal-shipping port north of Bellingham stirs echoes of a political drama that gripped the state in the early 1980s. A threatening note left in his mailbox one day during the controversy made him uneasy, Given-Seymour admits.
The message expressed outrage over his role in opposing a huge industrial plant on a sensitive stretch of shoreline northwest of Bellingham. The note read: “You should be hung by the balls until blue.”
First thing that came to the grant-writing consultant’s mind was an instinct to edit. “Strangely enough, I remember an urge to correct his grammar,” he said recently. “Then it dawned on me that this guy hand-delivered the note. Obviously he knew where I lived. I started thinking of a lot of things other than verbs and objects.”
Nothing came of the threat and on a sunny, breezy Bellingham morning 30 years later, Given-Seymour recalled the political and environmental conflict known as the CBI fight, for Chicago Bridge and Iron, which involved plans for industrial construction at Cherry Point where today a proposal to build a port to ship coal to China has stirred sharp controversy.
Then as now, the issues around the Cherry Point site brought fierce disagreements about jobs and longer-term economic and sustainability. Both fights have drawn in state as well as local agencies and politicians. But there are differences in the political context, with today's environmental movement much more established. And the earlier fight brought fierce political turmoil in Olympia, culminating in dramatic action by a then-Gov. John Spellman, while today's battle has so far stayed fairly quiet in the state capital. A critical population of herring, on which salmon feed, played major roles then and the small fishes remain a concern now. (In coming days, I'll report on the decline of the herring and how state regulators are looking at accommodating them in any construction now.)
In the 1980s, the Chicago Bridge and Iron corporation owned a industrial-zoned shoreline at Cherry Point and planned to build a steel fabrication plant there. “The level of anger directed toward us (opponents of the CBI plan) was amazing,” Given-Seymour told Crosscut. “At the same time, it was understandable. Times were hard, maybe harder than they are now. Jobs were very scarce.”
The fight centered on the same chunk of salt water, beach, and woods that is now the focus of a growing conflict over the proposed SSA Marine coal export terminal. Cherry Point, with remarkably deep water close to shore, has beckoned water-dependent industries for half a century. Three major ones already operated there in 1982, two oil refineries and an aluminum plant.
Given-Seymour and his fellow activists, organized as Citizens for Sensible Industry, campaigned against the CBI plan at the very time the state was begging for industry to help dig out from a deep economic slump. CBI promised a measure of salvation: 1,200 to 1400 long-term jobs at union wages, building oil drilling platforms at the deep water shoreline for use in drilling Alaska’s Beaufort Sea. But plan would have ripped a hole in the state’s Shoreline Management Act, only 10 years old at the time.
CBI wanted to build a 22-acre landfill and stone seawall extending into the Strait of Georgia, to form a graving dock. There it would construct oil drilling platforms 500 feet wide, to be towed to Alaska for drilling in the Beaufort Sea. Periodically the wall would be opened, allowing seawater to float the completed platforms into the Strait, along with whatever contamination had occurred during the construction work. The impact on the shoreline and nearby fishery was potentially devastating. About half the state’s herring stock spawned at the site and nearby. The herring fishery was a budding industry on its own and herring were (still are) the staff of life for Chinook salmon and — by way of the salmon — for Puget Sound Orcas.
It was left to the state’s most recent Republican governor to make one of the grittiest decisions a Washington governor has had the misfortune to confront. Gov. John Spellman, an amiable former King County Executive, pipe smoker, and accomplished Irish tenor, was already having a tough year. The state’s regressive and spindly tax system was moving it toward broke. Nine percent of Washington workers were jobless (today’s rate is similar, estimated at 9.3 percent as of August). Spellman struggled to balance the budget with a mix of program cuts and tax increases, and to keep a wispy safety net of support for homeless, mentally ill, jobless, and unemployable.
One of the governor’s harshest critics was a leader of his own party, House Speaker and Seattle-based architect Bill Polk. The Republican speaker and Republican governor operated from positions of mutual disdain. Polk blocked Spellman proposals through the longest legislative session on record and the four special sessions that followed. Spellman called Polk and his legislative followers the “troglodyte wing of the Republican Party.”
Polk told Crosscut recently, “Things got pretty testy. They (Spellman’s allies in the GOP caucus) and the (minority) Democrats wanted to raise taxes. We thought that was the last thing you want to do when the economy’s in trouble. They finally got enough Democratic votes to pass a one percent sales tax increase over the leadership opposition.” They also initiated Washington’s first state lottery. Spellman approved it reluctantly, although he later told the Seattle Weekly he thought it was a “fraudulent” way for the state to raise money. (His criticism of the lottery softened somewhat later.)
Steve Excell, who was Spellman’s chief of staff, recalls that in the search for state revenue, “The legislature would go for anything that might bring in a dollar and 98 cents.” CBI offered millions in wages and taxes. It looked like a bargain version of the promised land, never mind the threat to a peculiar and fragile ecology that nourished the Northwest’s vital (in those days) fishing industry.
In Whatcom County, where the jobless rate had reached 11 percent, CBI moved its project through the local permitting process. The Whatcom County Council rewrote its own environmental regulations to accommodate the company’s drastic reshaping of the shoreline. That wasn’t enough. CBI needed a blanket exemption putting it beyond the reach of state departments of Ecology, Fisheries, and Public Lands, all with regulatory power at the shoreline and inshore waters, and all concerned about what the company wanted to do.
Bob Partlow, covering Olympia for the Bellingham Herald, wrote at the time: “Faced with a project that violated state and local shoreline regulations, the company decided to change the regulations rather than change the project. It turned to the legislature.”
CBI hired the three highest priced lobbyists in Olympia, and within a few months, all four legislative caucuses — Democrats and Republicans in both the House and Senate — lined up behind a bill granting a special exemption to the CBI property. The bill identified an area coinciding with the CBI property as “a shoreline of statewide economic significance,” something new in land use parlance where “economic considerations may take precedence over environmental considerations, so that the economic vitality of the state can be maintained or promoted.” The state Department of Fisheries warned that it would “eliminate habitat for the largest herring population in Washington and alter the migratory habits of salmon.”
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Comments:
Posted Wed, Oct 19, 8:54 a.m. Inappropriate
Thank you for this article. As a Whatcom County resident then and now, I sent Gov. Spellman a letter the next day promising him my vote no matter who ran against him. He was the first republican I ever voted for. Possibly the last, although I guess I'm gonna have to do it again for Whatcom County Executive next month. Thank you, Gov. Spellman!!
Posted Wed, Oct 19, 9:42 a.m. Inappropriate
Bob: Thanks to you and Floyd McKay for staying on top of this issue.
I was ignorant of the CB&I; battle until reading this story. It underscores the need for large-minded people to cross party lines when conscience and the public interest dictate it. This spirit is missing at national level and too greatly at state level.
Congratulations to citizens of my old hometown of Bellingham who once again have demonstrated that they care about the place where they live.
Posted Wed, Oct 19, 9:45 a.m. Inappropriate
Great piece, Bob. Really useful background on this issue and on the shape of state politics past and present. But...c'mon, Crosscut. Don't you folks do any copy editing? There are more than a few places that need touching up, and there appears to be a missing hyperlink in the middle at: (Detailed comment from SSA’s pubic relations consultant here.)
Posted Wed, Oct 19, 9:50 a.m. Inappropriate
This is a great history of a tumultuous local controversy. By way of providing a fuller context, knowing a few more details about the Kiewit proposal might be instructive. In the early 1980s, a few years after the CBI saga ended, Kiewit came in with a similar proposal at the same location -- but without some of the egregious flaws of CBI. By this point CSI and other local opponents of the original oil platform construction proposal were utterly exhausted from the first battle; thus they were easily co-opted by Kiewit's smoother approach and less invasive plan. The Kiewit proposal was approved by Whatcom County without much serious public objection.
In addition to the fisheries impacts described above, the second primary focus of regulatory attention was a small sandy pocket beach on the Cherry Point site that had been classified under the County's shoreline program as a relatively rare "accretion shoreform" -- that is, a beach formed from sands deposited by shoreline drift flows. Under the County's program, disturbance of an accretion shoreform was generally prohibited. And both the CBI and Kiewit proposals inevitably required destruction of the small beach at Cherry Point.
CBI's approach to the problem of dealing with the accretion beach was typically ham-handed. It hired a local attorney, Jack Swanson, to fix the problem. The result was a list of 20+ proposed amendments to the County's shoreline program that CBI submitted to the County Planning Commission for approval -- all merely inserting the words "except accretion shoreforms" into the multiple policies and regulations that would otherwise discourage permitting the CBI project based on its beach impacts. It was a brutal and unsophisticated strategy that simply gutted the local program and immediately made the state Department of Ecology wary of the proposal.
Kiewit's later strategy was more subtle. It hired a Seattle attorney, Peter Buck, who was a Shoreline Management Act expert. Rather than attempting to amend the County's regulations wholesale as CBI had done, Buck requested a determination from the County's building official that the Cherry Point beach was not in fact an accretion shoreform, offering learned studies by high-priced engineers and consultants to bolster his position. The building official studied the documents but affirmed that the Cherry Point beach was indeed accretionary in origin. So Kiewit appealed to the County's hearing examiner, who upheld the building official. But on further appeal the Whatcom County Council dutifully overturned the hearing examiner's decision, thus paving the way for project approval.
It may have had a lower political profile, but one can argue that the state's decision to deny the Kiewit permit was an even tougher call than its earlier rejection of CBI. Kiewit was a more credible and responsible proponent; its proposal was less impactive overall; local public opposition to Kiewit was relatively insignificant; and Kiewit's assault on the County's shoreline program was more measured (limited to distorting the particular facts of the Cherry Point site, not permanently eviscerating the entire regulatory scheme).
Posted Wed, Oct 19, 12:11 p.m. Inappropriate
Dear Mr. Simmons,
Thanks for a great piece on the history of this piece of shoreline.
Corporations focusing on the short term rarely make the right choice for the long term. Destroying the herring breading grounds would have subtle but long term consequences not easily fixed. And again destroying our own environment so that others may profit at the selling of a USA natural resource, coal is a very short term benefit to the state and the laborers who load the ships. After the coal is gone, what then?
Posted Thu, Oct 20, 1:25 p.m. Inappropriate
This issue won't be settled for some time; after the elections for sure.
Meanwhile, it continues to dominate local discussions, with one Mayoral candidate even using it as a shield against his spotty performance during the past 4 years.
Imagine that! Public sentiment here is strongly against the GPT proposal, since it externalizes major costs to communities along the railroad right of way and through the inland waters we treasure.
It is critically important that any EIS be done comprehensively and fairly.
This alone should indicate whether the proposal is in the public best interests or not.
Should the latter happen, I hope we have a Governor who will act according to his conscience like Spellman did, without prejudice and/or advance grandstanding!
Posted Tue, Oct 25, 12:44 p.m. Inappropriate
I really appreciate Bob Simmons' and Floyd McKay's consistent, fair and insightful coverage of this issue. It's good to see other communities along the rail corridor joining the conversation. It's about Cherry Point and Bellingham, but it's also about everyone along the way.
Posted Fri, Oct 28, 10:44 a.m. Inappropriate
Bob,
Good article, thanks for this. I remember following this issue closely in the late '70's as a UW college student from eastern Washington.
While herring stocks have declined, Cherry Point is still home to remarkable and productive shorelines and the last truly viable fishery for local tribes. A coal terminal would irreparably harm that.
Today a number of local political leaders oppose exporting coal: the Bellingham City Council (including Professor Fleetwood's son Seth), the mayor, his opponent Kelli Linville and probably 3 of the 7 county council members. Roger Van Dyken remains active and a true conservative: opposed to subsidies and interested in conserving resources for future generations. He lost his legislative seat all those years ago to Pete Kremen, who now seeks a seat on the County Council and may be one of the 7 to decide this locally.
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