Office of the Attorney General: U.S. Secretary of Commerce Issues Key Ruling Against the Proposed Weaver’s Cove Terminal in Fall River

FROM THE OFFICE OF THE ATTORNEY GENERAL

June 27, 2008

Contact:
Jill Butterworth
(617) 727-2543


BOSTON — Today, the offices of Massachusetts Attorney General Martha Coakley and Secretary of Energy and Environmental Affairs Ian Bowles announced that the U.S. Secretary of Commerce has issued a key ruling against the proposed Weaver’s Cove LNG terminal in Fall River. On Thursday, the Secretary of Commerce’s Office determined that the proposed LNG project is not consistent with the objectives of the federal Coastal Zone Management Act because the national interests furthered by the project do not outweigh its adverse coastal effects. The Secretary of Commerce’s Office also determined that the project is “not necessary in the interest of national security.” The Secretary’s decision acts as a bar to federal agencies from issuing any licenses or permits for construction of the project.

“This case was yet another attempt by Weaver’s Cove to circumvent the Commonwealth’s permitting authority, and we are pleased that the Secretary of Commerce did not let that happen,” said Attorney General Coakley. “State environmental agencies are charged with protecting our coastal resources, and it is vital that they actively participate in all required review processes for projects of this magnitude. The environmental review checkpoints on both the state and federal level are in place to ensure that all projects get a systematic review and we will continue to monitor proposed LNG projects to ensure that occurs.”

“It is my job and that of the agencies that report to me to protect the natural resources of the Commonwealth,” said Secretary Bowles. “I am proud of my office of Coastal Zone Management’s decision in this case, and gratified that the Secretary of Commerce has upheld it.”

This matter was before the Secretary of Commerce because Weaver’s Cove requested that the National Oceanic and Atmospheric Administration (NOAA), an agency within the Department of Commerce, override objections raised by the Massachusetts Office of Coastal Zone Management regarding the project. Specifically, Weaver’s Cove asked NOAA to determine that its proposed LNG project was consistent with the objectives of the federal Coastal Zone Management Act or otherwise “necessary in the interest of national security.” Such a determination by NOAA would have allowed the Secretary to “override” the Coastal Zone Management’s Office objection, and allow the LNG project to move forward. The Secretary concluded that the LNG project “would result in significant adverse coastal effects,” which can include both environmental and non-environmental impacts to coastal users.

The Secretary also recognized in its decision that navigational safety risks here would be “significant,” that commercial and recreational boaters could experience substantial delays, and that the LNG project would cause adverse effects on winter flounder stocks and anadromous fish.

The Secretary’s decision on Thursday prevents that from happening and acts as a bar to federal agencies from issuing licenses or permits necessary for construction and operation of the LNG project. Weaver ’s Cove can still make a new request to MCZM based on changes to its Project (such as its recent proposal to build an unloading berth in Mt. Hope Bay and transport LNG to the terminal by 4 miles of underground pipeline).

Assistant Attorney General Carol Iancu of Attorney General Coakley’s Environmental Protection Division handled the case with the assistance of Margaret Callanan of the Massachusetts Executive Office of Energy and Environmental Affairs’ Office of General Counsel.