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Tribal treaty sinks terminal plans

Fri., May 13, 2016

The following are abridged versions of Northwest editorials. They do not necessarily reflect the view of The Spokesman-Review’s editorial board.

Everett Herald, May 11

Monday’s decision by the U.S. Army Corps of Engineers to deny a permit to build the nation’s largest coal export terminal at Cherry Point in Whatcom County did not come down to a long list of environmental concerns. Nor did the potential economic benefits of development and resulting jobs enter into weighing advantages versus costs. What decided denial of the project’s permit was a 161-year-old agreement among governments.

The Gateway Pacific Terminal was a $700 million project to build an export facility that would have brought coal from mines in Montana and Wyoming via rail through Washington state and in particular Snohomish and Whatcom counties, then by freighter to China and elsewhere.

A concern, raised by the Lummi Nation, whose Lummi Island reservation sits just south of Cherry Point, was that the export facility would cover more than 140 acres of water, including waters that the tribe considers part of its usual and accustomed fishing grounds that had been secured when they and other regional Indian tribes signed the Point Elliott Treaty of 1855.

In denying the permit for Gateway Pacific, the Army Corps determined the project would have had an impact on the tribe’s treaty-protected fishing rights.

Regardless of the various economic and environmental issues involved, the Army Corps of Engineers had an obligation to uphold a treaty its government signed more than 150 years ago. The tribes that signed the Point Elliott Treaty made significant concessions in agreeing to the pact; why they would want to protect the rights outlined by the treaty should be clear.

The Columbian (Vancouver), May 11

Faced with a daunting shortage of deputies, Clark County Sheriff Chuck Atkins has taken a proactive approach that represents strong leadership. Law-enforcement agencies throughout the state are struggling to maintain a full roster of officers, a situation that leads to increased overtime costs, increased job stress, and a decreased level of service in protecting the public. One of the primary causes of this shortage is inadequate space at the police academy that is managed by the Washington State Criminal Justice Training Commission – an academy that is funded for 10 classes of candidates each year when current demand dictates that 18 are necessary.

Because of that, Atkins is being aggressive in addressing the problem: “Can we hold our own academy class?” He formed a committee to examine the possibility of establishing training classes in Southwest Washington, an idea that has much merit.

The preferable course of action would be for the Legislature to step in and fund an expansion of the state academy in the Seattle area. Lawmakers this year provided for pay increases for the Washington State Patrol, trying to retain officers in response to the law-enforcement shortage. But more spots for the 4 1/2-month training sessions – which are required for all law enforcement in Washington – should be the next step when the Legislature reconvenes in January.