This is the News

PORTLAND, Ore. – The Oregon Court of Appeals dismissed a challenge by opponents of the
Bradwood Landing project to a recent Land Use Board of Appeals (LUBA) decision. Bradwood
Landing was satisfied with LUBA’s decision and did not appeal it.

According to Court documents, petitioners failed to provide proof of mailing as required by Oregon
law. On its own motion, the Court dismissed the judicial review as untimely filed. Oregon case law
says there is no way to cure the problem if the appeal is not filed in a timely way, effectively ending
any further appeal of the issues already determined by LUBA.

Yesterday’s dismissal is a major setback to opponents’ publicly stated strategy to challenge the
Bradwood project through legal and procedural delays.

“Today’s decision moves our project closer to providing additional jobs and a much needed
economic boost to Oregon as well as providing the additional supplies of clean, affordable energy
the Northwest needs,” said Joe Desmond, senior vice president of external affairs for NorthernStar
Natural Gas, the developer of Bradwood Landing.

On March 20, 2008, the Clatsop County Board of Commissioners approved Bradwood’s
consolidated land use application on a 4-1 vote after a nine-month public process. On April 15th, the
Board approved a variance to the County’s code for upgrades to enhance the safety of the terminal
access road for the public, including first responders, employees and local residents. Project
opponents later challenged these County decisions before LUBA.

On January 7th, 2009, LUBA issued a decision that rejected 21 of 23 arguments raised by project
opponents. Two items were remanded to the Clatsop County to be fixed and LUBA also upheld the
County’s variance decision to allow road improvements.

“LUBA’s decision did not overturn or reverse the County’s approval of the project,” said Desmond. “A
remand is not uncommon in a complex project such as Bradwood. Because the issues are
definitional in nature, we remain confident they will be resolved in a timely manner.

“Bradwood Landing continues to work closely with the states of Oregon and Washington to process
our permits,” said Desmond. “We have always anticipated legal challenges to the permitting process
and have factored them into our plans.”

The Bradwood Landing LNG terminal and its associated 36.3 mile pipeline would provide a new
source of natural gas directly into the Oregon and Washington natural gas market. It would create
more than 450 jobs over three years of construction and 65 permanent jobs while contributing more
than $7.8 million annually in taxes to Clatsop County. In addition, the terminal will spend more than
$30 million in annual maintenance and operations, much of that locally.

A regional analysis of the effects of increased natural gas supply from a Columbia River LNG
terminal by University of Oregon economist Dr. Phil Romero, showed that Bradwood could reduce
the wholesale cost of natural gas by 13 percent and support the creation of between 5,100 and
20,300 jobs.

For a downloadable pdf of the official decision from the Oregon Court of Appeals, click here.

For a downloadable pdf of Bradwood Landing's press release, click the icon below.

Download PDF (274 KB pdf file)