October 2013 - Page 4 of 19

New hotel to be paired with Angel of the Winds Casino

October 23, 2013

By Sharon Salyer, Everett Herald writer

ARLINGTON — The Angel of the Winds Casino, which drew more than 1 million visitors last year, has announced plans to add a $20 million, 125-room hotel.

Construction is scheduled to last 14 months. “I would like to see a grand opening maybe on New Year’s Eve of 2014,” said Travis O’Neil, the casino’s general manager, on Wednesday.

The casino, which opened in 2004, is one of the last along the I-5 corridor to add a hotel, he said.

The five-story hotel will make the casino a destination rather than just a day-trip site, he said. “It’s something the guests have been asking for for quite a while.”

The project also will add more than 100,000 square feet onto the casino and include a new gift shop, smoke shop and drive-up entryway.

Bellingham-based Exxel Pacific has been selected as the project’s general contractor.

Plans for the hotel have been under consideration for the past 18 months, O’Neil said. Casino staff went to members of the Stillaguamish Tribe to see “what we could do and what we could afford,” he said.

The hotel doesn’t aim to be a copy of the five-star, 370-room Tulalip Resort Casino, O’Neil said. Instead, he said, it will fit the character of the casino, known by its advertising tagline, “The World’s Friendliest Casino.”

Room prices will be in the $100- to $120-a-night range with plans to offer promotional packages with discounts on those rates, O’Neil said.

Groundbreaking for the project is scheduled for 10 a.m. Friday. Workers erected a fence around the construction site on Monday.

That has greatly reduced the parking on the south side of the casino, but parking on its north side hasn’t been affected. Shuttles are available to help people navigate the area, O’Neil said.

The casino is expected to hire an additional 50 employees to work at the hotel.

“We are truly blessed to have an opportunity to add a hotel to our facility and provide more services to our guests,” Shawn Yanity, chairman of the Stillaguamish Tribe, said in a statement. “Not only are we growing our tribal economy, but growing the local economy too by increasing job opportunities and tourism.”

The last major expansion at the casino, at 3438 Stoluckquamish Lane, was in 2008, a $44 million project that tripled the size of its gaming area.

Sharon Salyer: 425-339-3486; salyer@heraldnet.com.

Chief Wansum Tail Seeks Pocahottie: Yes, It’s Halloween Again

Source: Indian Country Today Media Network

Sorry ladies, but we’re calling Halloween 2013 a win for the boys.

Because Halloween in Indian country is always a horrorshow of snide stereotypes peddled to mainstream America as harmelss costumes. Usually — like, almost always — the stereotype is the playful “Native American women are sluts.” Oh, so fun. But this year we’re struck by the men in the Dreamgirl “Restless Wranglers”collection of Halloween costumes: Chief Wansum Tail and Chief Big Wood.

Really? Chief Wansum Tail is OK? Because we wonder whether the same company would dare market an African-American themed costume (we don’t claim to know what it would look like) with the name “Big [anything sexual] Jones.” And lest we neglect the American Indian women unjustly characterized as “Pocahotties,” let’s also wonder whether Dreamgirl could put out an Asian-themed costume called “Little Miss [anything sexual] Geisha.”

Here’s the complete collection of Native-themed costumes from Dreamgirls — and yes, we’re aware that most of them were available last year, if not earlier. No points for longevity. Dreamgirl has a Facebook page.

Chief Big Wood

Chief Wansum Tail

Hot On the Trail

Pocahottie

Rain Dancing Diva

Reservation Royalty

Tribal Princess

Tribal Trouble

Eastside steelhead fishery off to fast start

By Wayne Kruse, The Herald

The upper Columbia and its major tributaries opened for steelhead last week and anglers found “lights out fishing in the Methow for the first few days,” according to Don Talbot at Hooked On Toys in Wenatchee (509-663-0740).

Instead of a simple float-and-jig rig, Talbot said, more and more steelheaders in his bailiwick are going to a “float-and-whatever,” adding a second lure to the setup hanging under the float.

“They’re tying a couple of feet of leader directly to the jig hook (the bend, not the eye), and then either a small Corky or a same-size bead on a number-4 hook to finish off the second lure,” Talbot said. “Use a Corky if you want the second lure to float, or the 6- to 8-mil bead if you want it to sink.”

Pinks are popular colors for the rig, as are red/black combinations.

“The setup is a little unwieldy to cast,” Talbot said, “but on the other hand, you always hope you’re going to hook a double.”

The bottom 12 miles of the Methow have been the most productive so far, he said. The lower Wenatchee is also a possibility, although there are fewer fish, apparently, in the Wenatchee run.

“Put in your time on the river, cover a lot of water, change colors,” Talbot said. “Persistence pays off.”

State Fish and Wildlife Department regional fish manager Jeff Korth in Ephrata said about 14,000 adult steelhead are expected to return to the upper Columbia system this year, enough to allow a fishery, but with a caution. Korth said fishing will be more tightly regulated this year than last because protected wild-stock fish are expected to make up a higher percentage of the run.

These fisheries traditionally remain open through the winter, but Korth said, “We may have to close early due to the higher number of encounters with wild steelhead expected this year.”

Anglers are required to keep the first two hatchery, fin-clipped, steelhead they catch, and that with the exception of the Columbia proper, where bait may be used, selective-gear rules apply.

San Juan salmon

Fishermen in the San Juan Islands are transitioning from coho to winter blackmouth, with pretty fair fishing available for both right now. Kevin John at Holiday Sports in Burlington (360-757-4361) said big, wild, “hooknose” coho are the target along the west side of San Juan Island, while blackmouth anglers are finding fish “inside” at Lopez Flats and around Cypress Island. Small baits and lures — yellow-label herring, Coho Killer spoons in shades of green — are popular choices, John said.

River coho

Work some different water for coho; try the main stem Stillaguamish, which has been putting out better than usual fishing the past couple weeks. Kevin John said the I-5 and Silvana areas are both good bets, although coho are where you find them. Try Dick Nite spoons in green, chartreuse or 50-50, he said.

The best bet for boat fishermen right now might be the Skagit River in the Sedro-Woolley area, backtrolling Brad’s Wigglers or drifting Vibrax spinners.

Snow geese

Waterfowl hunting has been slow around the state, with bluebird weather the general rule, but when winter storm fronts start marching through the area, there should be snow geese available locally. The prediction by state biologists is that it was at least a fair hatch and that it should be a decent, if not great, hunting season.

Because of changes in farming practices on the Skagit delta, and other factors, over-wintering snows have separated themselves into three fairly distinct groups: the Stanwood flock, the Fir Island flock and the Bow flock. Goose populations at all three locations are building each day.

Steelhead clinic

Mark your calendar for the annual Steelhead and River Fishing Workshop sponsored by the Everett Steelhead and Salmon Club and Everett Parks & Recreation. It’s free and open to all interested anglers. The popular seminar is scheduled from 8:30 a.m. to 12:30 p.m. on Nov. 9 at Floral Hall in Forest Park in Everett.

The event covers methods and techniques for river fishing, tackle selection, hook tying, rigging and casting, reading water and more. There should be something here for both beginning and experienced anglers.

For more information, call Everett Parks at 425-257-8300, extension 2.

Cabela’s halloween

Cabela’s Tulalip will host a “spooktacular” for kids and adults from 11 a.m. to 3 p.m. Saturday, with trick or treating in each department of the store. Then take a stroll through the haunted aquarium, try a shot in the 3D Pumpkin Archery Range, decorate yourself with ghostly camo face paint, sample some terrifyingly delicious Dutch oven treats and hunt for the elusive, hairy Sasquatch. Try your hand (1-15 years of age) at the Sasquatch calling contest at 1 p.m. for a chance to win prizes.

For more information, call 360-474-4880.

Shellfish made poisonous by toxic algae may bloom into bigger problem

Click image to watch video or listen to interview.

Oct. 23, 2013

PBS NEWSHOUR

The Pacific Northwest is known for its seafood, but when algae blooms in coastal waters, it can release toxins that poison shellfish and the people who eat them. Katie Campbell of KCTS in Seattle reports on the growing prevalence and toxicity of that algae, and how scientists are studying a possible link to climate change.

Transcript

HARI SREENIVASAN: Next to the West Coast, where algae has been poisoning shellfish and subsequently people.In recent years, toxic algal blooms have been more potent and lasted longer.That has scientists trying to understand whether climate change could be contributing to the problem.

Our report comes from special correspondent Katie Campbell of KCTS Seattle.She works for the environmental public media project EarthFix.

KATIE CAMPBELL, KCTS:Every family has its legends.

For Jacki and John Williford and their children, it’s the story of a miserable camping trip on the Olympic Peninsula in the summer of 2011.It all started when the Willifords did what Northwest families do on coastal camping trips.They harvested some shellfish and cooked them up with garlic and oregano.

JOHN WILLIFORD, father:Oh, they were amazing.I was like, wow, these are pretty much the best mussels I have ever eaten.And I think I said in a text to Jacki.

JAYCEE WILLIFORD, daughter:They were the best mussels in the whole wide world.

JOHN WILLIFORD: Is that what you said?Yes.

KATIE CAMPBELL: Two-year-old Jessica and 5-year-old Jaycee were the first to get sick.Next, John got sick.

JACKI WILLIFORD, mother:They just were so violently ill, and I just knew it had to be the mussels.And that next week, I called the health department and said, I think we got shellfish poisoning or something from the shellfish.And that’s when all the calls started to come in.

(LAUGHTER)

KATIE CAMPBELL: It turned out that Willifords were the first confirmed case in the United States of people getting diarrhetic shellfish poisoning.DSP comes from eating shellfish contaminated by a toxin produced by a type of algae called Dinophysis.

It’s been present in Northwest waters for decades, but not at levels considered toxic.

NEIL HARRINGTON, Jamestown S’Klallam Tribe:It’s unfortunate to discover you have a new toxin present by people getting ill.

KATIE CAMPBELL: Neil Harrington is an environmental biologist for the Jamestown S’Klallam Tribe in Sequim, Washington.Every week, he collects water and shellfish samples from the same bay where the Willifords harvested mussels two summers ago.He tests for Dinophysis and other naturally occurring toxins in shellfish.

NEIL HARRINGTON: Shellfish are filter feeders, so they are filtering liters and liters and liters of water every day.If they are filtering phytoplankton that is a little bit toxic, when we eat the shellfish, we’re eating essentially that — that toxin that’s been concentrated over time.

KATIE CAMPBELL: A number of factors can increase the size and severity of harmful algal blooms.As more land is developed, more fertilizers and nutrients get washed into waterways.It’s a problem that has also hit Florida and the Gulf of Mexico as well.

NEIL HARRINGTON: The more nutrients you add to a water body, the more algae there is, and the more algae you get, the more chance that some of those algae may be harmful.

KATIE CAMPBELL: But on top the local problem of nutrient runoff is the larger issue of global warming.Scientists believe the increase in prevalence and toxicity of Dinophysis is linked to changing ocean chemistry and warming waters.

STEPHANIE MOORE, National Oceanic and Atmospheric Administration:There’s a whole lot of changes that are occurring in Puget Sound, and not — and they’re not occurring in isolation.And that’s the challenge for scientists.

KATIE CAMPBELL: Stephanie Moore is a biological oceanographer for the National Oceanic and Atmospheric Administration.She studies Puget Sound’s harmful algae.Most algal blooms here occur during warmer weather.

Because climate change is expected to raise temperatures in the coming decades, Moore says that could directly affect when and where harmful algal blooms occur.

STEPHANIE MOORE: We’re going to have to look for these blooms in places and during times of the year when, traditionally, we haven’t had to worry about them.Their impacts could then span a much larger time of the year, and that could cost a lot more money in terms of the effort that needs to go into monitoring and protecting the public from the toxins that they produce.

KATIE CAMPBELL: Washington has one of the most advanced algae and shellfish testing systems in the country.It’s in part because of the state’s 800 miles of shore and its multimillion-dollar shellfish industry.

Today, Moore is testing a new piece of equipment that has the potential to raise the bar even higher.The environmental sample processor, or ESP, automatically collects water from a nearby shellfish bed, analyzes the samples, and sends Moore a photograph of the results.

STEPHANIE MOORE: This is a huge advancement in our ability just to keep tabs on what’s going on, and in near real time.It’s amazing.

KATIE CAMPBELL: Moore says she hopes that, next year, the ESP will be equipped to monitor for Dinophysis, the toxin that caused the Williford family to get sick.

In the meantime, Jacki Williford says she will continue to be extremely wary of eating shellfish.

JACKI WILLIFORD: I think it’s scary because you just — you just don’t know what you’re getting anymore in food.

KATIE CAMPBELL: As for the rest of the family, well, not everyone has sworn off mussels.

JOHN WILLIFORD: It doesn’t change a thing for me.

(LAUGHTER)

JACKI WILLIFORD: For him.

(LAUGHTER)

HARI SREENIVASAN: Jaycee might keep eating mussels, but the high levels of toxins have forced the Washington State Department of Health to shutdown shellfish beds in six counties around the Puget Sound.

Halloween pet photo submissions

Pet friends of Tulalip tribal members and employees get in the Halloween spirit.

Jessie, pet parent Amanda S. and Daniel S.

Huckleberry Cheesecake, pet parent Kaleena M.

Arizona jail revives sweat lodge

Source: Buffalo Post

To create what the adviser calls a “beautiful opportunity to heal,” the Coconino County Jail near Flagstaff, Ariz., is getting ready to rebuilt its sweat lodge for Native inmates.

Andrew Knochel of the Arizona Daily Sun has the story:

The jail houses around 500 people, about half of them are Native Americans, and many inmates, along with advocacy groups, have asked the sheriff to build a sweat lodge.

The structure will be ready for use later this year. Each inmate will be allowed to use the sweat lodge about once every three months.

“This is a great opportunity that the sheriff and the staff are providing for the inmates here,” (Kevin Long, Navajo spiritual adviser said.) “It’s a really beautiful opportunity for healing to happen.”

The Coconino County Jail had established a sweat lodge in 2001 but discontinued its use a few years later because smoke was getting into the jail’s air ventilation. The new structure and fire pit will be located farther from the jail.

The yard where the sweat lodge will be placed currently has a hogan, a traditional Navajo structure, that is used for other religious ceremonies.

Long said sweat lodges mean different things to different religions and practices. When he enters a sweat lodge, he seeks balance — to center his mental, emotional, physical and spiritual identity.

“We bring those four back together to create a whole human,” he said. “We believe it takes all four of those to be whole.”

The four cycles of ceremonies help people rebalance and recenter themselves to get their lives back on a good path, he said.

Jim Bret, program coordinator of detention services, compared sweat lodge experiences to other volunteer-driven programs that help inmates, such as Bible studies or educational programs.

“Any program is important,” Bret said. “It gives the inmates something to do, and it gives them motivation, it gives them hope.”

Video: Tar Sands Protesters Commandeer Public Meeting, Energy Officials Run for the Door

By Dylan Ruiz and Joseph Smooke, 22 October 2013 , Source: The Real News Network

First Nations and environmental activists interrupt Enbridge’s pipeline plans.

TRANSCRIPT:

DYAN RUIZ, REPORTER: Hundreds gathered in the cold Toronto rain to oppose the proposal for the oil pipeline called Line 9B operated by energy company Enbridge. Canada’s National Energy Board (NEB) has been asked to approve Enbridge’s project that would enable them to bring oil from Alberta’s tar sands to 600 kilometers of pipeline running through Ontario and Quebec.

The protest was supposed to coincide with the final day of the board’s hearings in Toronto, which heard public testimony about the Line 9 proposal. But Enbridge decided not to go forward with their final arguments the day of the protest, citing security concerns.

After the public testimony the day before given by Amanda Lickers of the grassroots collective Rising Tide Toronto and Six Nations of the Grand River First Nations, the spectators erupted in a chant, rose to their feet, and began round-dancing. NEB representatives promptly left the room, bringing cheers from the crowd.

AMANDA LICKERS, RISING TIDE TORONTO AND SIX NATIONS OF THE GRAND RIVER: I think that Enbridge is just trying to buy time because they were really intimidated by my presentation. You know. I mean, they need to formulate their arguments. And I think it’s completely ludicrous that they can just violate the terms of the entire process and just ask for time due to security concerns. I mean you’ve seen this rally. It’s being led by indigenous people, drummers, by traditional people, by women. There’s children here. You know, it’s not a confrontational rally. It’s a celebratory time to come together, and show, and have our voices heard.

RUIZ: One of the speakers of the protest was Canadian singer Sarah Harmer, who has been an outspoken activist against Line 9, which runs through her family’s farm.

SARAH HARMER, SINGER-SONGWRITER, AFFECTED LANDHOLDER:Thank you to everyone who’s come from across the province today, who got onto buses in Kingston and Hamilton and Waterloo, wherever you came from.

RUIZ: The 40-year-old pipeline runs from Sarnia, at Ontario’s border with Michigan, through the heavily populated Toronto area, to Montreal, where the oil will be refined. Approval of the proposal would allow Enbridge to use this pipeline to carry more than the light crude it currently transports. Line 9 would be transporting the controversial diluted bitumen, or “dilbit”, a heavy crude coming from the Alberta tar sands.

Another part of the proposal includes increasing the amount Enbridge would be licensed to transport by almost 30 percent to 300,000 barrels per day.

People at the rally who spoke out against the Line 9 proposal have said it poses huge environmental risks, especially from the transportation of dilbit from the tar sands.

AMARA POSSIAN, RISING TIDE TORONTO: The pipeline isn’t built for tar sands oil, and it’s a really old piece of infrastructure, so the risk is higher for spills. It’s basically like sandy peanut butter going through the pipeline, corroding the inside. And when it does inevitably spill, it’s very difficult to clean up.

RUIZ: A similar Enbridge pipeline, Line 6B, failed near Kalamazoo, Michigan, in 2010, spilling diluted Alberta tar-sands bitumen. It was the largest surface spill in U.S. history and spewed 3.3 million litres of oil into the Kalamazoo River. The spill came close to contaminating Lake Michigan, the drinking water for over 12 million people. Three years later, the widespread environmental damage has not been fully assessed and Enbridge is still cleaning it up.

Enbridge spokesperson Graham White said to The Toronto Star, “Enbridge’s goal is zero incidents, and no spill is acceptable to us … Line 9 has been a safe and well-performing line for the past 38 years, and we are taking all necessary measures to ensure that remains the case for the people of Ontario and Toronto.”

Protesters are concerned that a spill like the one that happened in Michigan could happen along areas of Line 9 that crosses rivers such as the Credit, Humber, and Rouge that flow directly into Lake Ontario.

Contamination of the rivers that flow into Lake Ontario would be disastrous. Four-point-five million people in the Greater Toronto area rely on Lake Ontario for their drinking water. This is a concern not only of the protesters, but of the city of Toronto as well in the hearings this week. The city attorney also outlined concerns about the lack of specific plans for sites directly above Line 9. This includes schools, parks, apartment buildings, and a retirement home and subway station.

When it was built nearly 40 years ago, the pipeline tracked through remote areas, but now directly threatens heavily populated neighborhoods in and around Canada’s largest city. At Toronto’s Finch Subway Station that sees over 100,000 riders riders on a typical weekday, the pipeline runs less than two metres below the sidewalk and 60 centimetres above the subway structure.

The Finch corridor is a neglected part of Toronto. This resident of the northern Toronto neighborhood Jane and Finch was at the protest. He said the risks associated with Line 9 are an unwelcome addition to what the neighborhood already has to deal with, such as poor government investment in essential services like education and transit.

OSMAN ANWER, RESIDENT OF JANE AND FINCH: Jane and Finch is an example of bad mid-century public policy planning. They overbuilt a lot of public housing units and basically left them to rot. So Line 9 is just more–another topping on the shit sandwich we already have.

RUIZ: Marginalized communities and indigenous people carry some of the worst repercussions of resource extraction, transport, and processing.

Many First Nations and other indigenous people from the Idle No More movement were present at this protest. They say the NEB hearings do not fulfill the legal requirement for the federal government to consult with First Nations on the pipeline project. Only the federal government can consult with the First Nations on the proposal, not Enbridge or the NEB. They say the adequate consultations were not done when the pipeline was built and is not happening now.

HEATHER MILTON LIGHTENING, INDIGENOUS TAR SANDS CAMPAIGN: When it comes to each community, each one of them is a sovereign nation. And under the UN Declaration on the Rights of Indigenous People it talks about “free, prior and informed consent”, and that means the right to say no, the right to have consultation in our own languages in a way that makes sense for our own people, and to be informed of both the negative and the positive.

RUIZ: To Heather, like many First Nations, the answer to Line 9 is no because the dangers are too high. The protestors at this rally emphasized that action against the Line 9 pipeline is a growing movement that doesn’t end with this protest or this week’s hearings.

SYED HUSSAN, COMMUNITY ORGANIZER: They can try and flip that switch, they can try and push that dilbit, but we will swamp them at every turn.

RUIZ: One of the lead organizers of the protest outlined what’s coming up.

SAKURA SAUNDERS, RISING TIDE TORONTO: This process of community organizing–you know, we’re going to use this power that we’ve developed to both push for a provincial environmental assessment, and if that fails also, you know, swamp Enbridge, you know, wherever they are in terms of physically defending the land and stopping this project from happening.

RUIZ: The Board has already approved Enbridge’s proposal for one part of the pipeline last year, Line 9A, which runs from a pumping station near Sarnia to close to city of Hamilton. The National Energy Board plans to make their decision about Line 9B by this January.

This is Dyan Ruiz for The Real News Network.

Dense fog continues in the northwest

Fog around the Tulalip MarinaPhoto/Kim Kalliber — Fog around the Tulalip Marina
Photo/Kim Kalliber

By Kim Kalliber, Tulalip News

It’s another foggy morning in Western Washington, with almost zero visibility in some places. There is a chance of sunbreaks for this afternoon.

And the fog won’t be going anywhere soon, it’s expected to hang around through Saturday, with possible clearings Sunday afternoon.

Be care on your morning commute and give yourself plenty of time to get to your destination.

For updates on your local weather, visit the National Weather Service online forecast.

‘Drunktown’s Finest’ explores Navajo lives in border town

Navajo filmmaker bases Drunktown’s Finest in life in Gallup, New Mexico, a border town near the Navajo Nation:

Drunktown’s Finest is a movie about finding hope in the bleakest of circumstances. Director Sydney Freeland grew up in the real Drunktown: Gallup, N.M. Or at least that’s what ABC’s 20/20, the cable newsmagazine that gave her hometown that dreadful moniker in 1990, would have her believe. Instead of resigning herself to a life of addiction, Sydney found a source of hope in her Navajo culture. She wrote Drunktown’s Finest to share that hope with the world, and to show that the wisdom of Navajo tradition can be a powerful force for good in our modern society. An important tenet of this Navajo wisdom is respect for the Nadleeh, or third gender. Since long before the LGBT movement, the Navajo have had a sensitivity for people born with gender identities across the entire spectrum of possibility. They reject the notion of dyadic gender and view relationships in terms of gender identity first, then in terms of sex, meaning that a man in a relationship with a male-bodied Nadleeh is not considered homosexual. This seemingly postmodern concept of gender is actually hundreds if not thousands of years old and still informs Navajo culture today.

Get the Story:
Jasper Zweibel: Native American Transsexual Actress Stars in New Film (The Huffington Post 10/23)

Southern Leg of Keystone XL Near Completion as Opponents Lose Last Legal Battle in Texas

By Carol Berry, Indian Country Today Media Network

American Indians and others who oppose the southern leg of the Keystone XL pipeline have lost their last legal battle, enabling TransCanada to finish the project by year’s end.

While the northern part of the Keystone XL pipeline has been held up by controversy, the protests against the southern portion, known as the Gulf Coast Pipeline, have been to no avail. On October 9 a split federal appeals court upheld a lower court’s refusal to stop the pipeline’s construction because an injunction to stop construction, which is what the opponents sought, “would cost [TransCanada] at least hundreds of thousands of dollars per day,” the U.S. Tenth Circuit Court of Appeals said in its ruling.

New York Times Journalists Threatened With Arrest While Reporting on Keystone XL Opposition

TransCanada has already spent at least $500 million on the 485-mile pipeline, which is expected to transport 700,000 gallons of crude oil daily from Cushing, in central Oklahoma, to Gulf Coast refineries.

The controversial Keystone XL extends through Sac and Fox territory. Other Oklahoma tribes that have spoken out about the pipeline’s impact on tribal patrimony include the Caddo, Choctaw, Southern Ponca and Pawnee, though none is party to the lawsuit.

The southern XL extension was formerly part of the full TransCanada XL pipeline, traversing some 1,700 miles of western and Midwestern states in its transnational route from Canadian tar sands, but vigorous opposition from Indian people, especially in northern areas, has delayed approval of the full section. The northern part must be approved by the U.S. Department of State, because it crosses an international line between Canada and the United States. The southern leg, purely domestic, was able to go ahead, despite a lack of thorough environmental reviews.

The Sierra Club and other plaintiffs had sought an injunction against the U.S. Army Corps of Engineers, which had signed off on numerous permits so that TransCanada could move ahead. TransCanada proceeded even though the Corps had to issue 2,227 permits for water crossings, with minimal environmental review.

“Considering the number of permits issued by the Corps relative to the overall size of the Gulf Coast Pipeline, it is patently ludicrous for appellees to characterize the Corps’ involvement in the subject project as minimal, or to maintain that the Corps’ permitting involves only a ‘link’ in the Gulf Coast Pipeline,” said dissenting District Judge William Martinez in the October 9 Tenth Circuit ruling.

But the other two members of the three-justice panel in the federal appeals court, Circuit Judges Paul Kelly and Jerome Holmes, both said that financial harm can be weighed against environmental harm and in certain circumstances outweigh it.

The Sierra Club had alleged violations of the National Environmental Policy Act (NEPA), Clean Water Act and Administrative Procedures Act and contend that the pipeline constitutes a “major federal act” that requires NEPA analysis leading to a “hard look” at possible impacts.