Tribal Council Come Out Swinging
by Darren Moore
As the sun hung low over Olympia, Washington, and the aroma of sage lingered in the air, Annette Bryan, Councilmember of the Puyallup Tribe of Indians, took center stage. With an aura of measured calmness, her announcement cut through the tension like a knife. A Stop Work Order had been issued against Puget Sound Energy (PSE), the industrial giant that has been unsettling the earth and waters of the Tacoma Tideflats. The order is based on compelling evidence that PSE has been carrying out construction without the necessary permits. The crowd, a tapestry of resilience woven together by the Puyallup Water Warriors and community allies, erupted into cheers and raised fists.
Bryan acknowledged the tribe’s awareness of the community’s concerns regarding what seemed like a lack of overt action from the tribal council. “We understand, and we are grateful for your efforts,” she reassured the crowd while detailing how hard the council and the tribe are working on this behind the scenes.
Held in the Utilities Trade Commission parking lot, the rally was timed to coincide with a rate hearing for another PSE environmental concern: the Colstrip Power Plant. The Puyallup Water Warriors, who have been adept at marshaling support, were joined by three members of the Puyallup Tribes council. Coastal Salish songs and traditional drumming enriched the atmosphere, while vibrant signs expressing opposition to fossil fuel projects were omnipresent.
The Puyallup Water Warriors have been at the forefront of assembling a wide-ranging coalition against the permitting and construction of Tacoma’s LNG facility. This anti-LNG campaign has notably succeeded in forging strong partnerships across various racial, climate, and environmental justice groups.
Uncovering Multiple Violations
Recently leaked legal documents have shed light on the tribe’s ongoing resistance to the LNG plant, revealing several permit and regulatory violations by PSE and the Port of Tacoma. The tribe has targeted multiple areas of non-compliance:
- Notice of Construction Permit. (NOC): Required for construction, yet incomplete as of the last update.
- Clean Water Act Section 404 Permit (Issued Sept 27, 2016): Army Corps of Engineers issued this permit based on Dept of Ecology’s Section 401 Certification (Sept 16, 2016) and CZ Determination (Sept 20, 2016).
- Air Permit Regulations Shoreline Substantial Development Permit (SSDP, Issued Dec 4, 2015): Specific conditions unmet by PSE and the Port of Tacoma.
- Coastal Zone Determination (CZ Determination, Issued Sept 20, 2016): Requires other permits to be completed, a condition that remains unmet.
- Final Environmental Impact Statement (FEIS): Inconsistent details compared to the NOC application.
Taking Legal Steps: Cease and Desist
The tribe is not stopping at mere opposition; it has actively sought remedies and enforcement:
- Dept. of Ecology – The tribe has requested the department to order PSE to Cease and Desist on all work at the facility until compliance is met.
- Puget Sound Clean Air Agency – PSCAA has been asked by the tribe to direct PSE to STOP all work at the LNG facility until a full review and order of approval is issued.
- The City of Tacoma – The city has been requested to take immediate action to enforce permit conditions causing a cease and desist until both PSE and the POT is in compliance with SSPD conditions.
- Army Corps of Engineers – The ACoE has been requested to rescind the 404 permits as PSE has failed to satisfy its conditions rendering it void.
A Trail of Unmet Conditions and Broken Promises
A thorough review of the permits reveals a pattern of unfulfilled obligations. The issuance of the SSDP by the City of Tacoma, initially dated December 4th, 2015, contained specific conditions that PSE and the Port of Tacoma had to meet. These conditions have not been fulfilled. For example, the Notice of Construction Permit (NOC), crucial for any construction activity, has never been fully submitted.
Adding to the complexity are inconsistencies relating to scale and use between the incomplete NOC application and the Final Environmental Impact Statement (FEIS), a point of contention that has triggered calls for a supplemental EIS (SEIS). The FEIS was issued by the City of Tacoma, the lead agency under the State Environmental Policy Act (SEPA), and any inconsistencies could potentially nullify the project.
What Next
The PSCAA website clarifies that there will be a public comment period after a complete permit application is received and reviewed, extending the timeline significantly.
So now the agencies have to respond to the documents and legal briefs filed on behalf of the tribe. The Tribal Council has made clear its intentions and has been incredibly careful to make sure all details are correct before playing their hand.
It appears as if the City of Tacoma did what was required of them to the point of issuing both the FEIS And the SSDP. However, in light of changed parameters to the project and as the lead SEPA agency, they do have a right to request a SEIS. They also need to issue a Cease and Desist until the conditions mentioned in the SSDP are met.
The PSCAA is waiting for PSE and the Port of Tacoma to file completed applications for air quality and NOC.
As we head into what promises to be an intriguing week, the immediate enforcement of Stop Work Orders remains crucial. The Puyallup Tribal Council’s meticulous approach signifies their unwavering commitment to the protection of their lands and waters.
Additional Information: Link to Ancestral Waters Documentary
First appearing on September 9, 2017, this article is part of an ongoing series documenting the Indigenous-led campaign against the Tacoma LNG facility.
The article has since been edited to remove time-sensitive elements, such as calls to action, in order to serve as an historical and educational resource. You can also explore other related articles and resources on the Ancestral Waters page for a more contextual understanding of the issues and events.
While the full “Ancestral Waters” documentary is available for screenings, we invite you to watch the trailer for a glimpse into the comprehensive story of resiliency and activism told in the film.9
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