Whatcom County promised review of illegal expansion, then backtracked
WHATCOM COUNTY, WA – Less than two weeks ago, a coalition of six environmental organizations, including Washington Conservation Action (WCA), rallied nearly 700 people to comment in opposition to the expansion of a major fossil fuel terminal in Ferndale (Cherry Point). Yet the county still decided to permit 33 major terminal expansion projects there, 31 of which were completed several years ago with neither permits nor thorough environmental review.
In response, the coalition filed a formal legal appeal on September 29. It challenges Whatcom County’s September 3, 2025 decision to issue a Mitigated Determination of Non-significance (MDNS) for the 33 projects at the ALA Energy Ferndale terminal, operated by AltaGas, a Canadian-based company. An MDNS means the county has decided the projects would not have significant environmental impacts.
The coalition contends that instead of an MDNS, a full Environmental Impact Study (EIS) should be required. An EIS would allow full scrutiny of the safety and environmental impacts of expanding fossil fuel transportation at Cherry Point.
Conducting an EIS is even more crucial considering that in July 2021, Whatcom County became the first American county with oil refineries to permanently ban new refineries, piers, and transshipment facilities and to put limits on existing facilities, citing public health, safety and ecological sustainability. These limits became known as the “Cherry Point Amendments.”
“It is abundantly clear that expanding fossil fuel infrastructure is unsafe, harms human health and harms the environment. The public has a right to know the full impacts of these unpermitted expansion projects,” says Keith Curl-Dove, climate and communities manager at WCA. “WCA is proud to join this coalition in holding ALA Energy accountable and refusing to let them skirt around the permitting process.”
The appeal also includes Friends of the San Juans, Evergreen Islands, Whatcom Environmental Council, RE Sources, and the Sierra Club.
The coalition holds that the county’s decision fails to account for the harmful consequences of propane and butane expansion at the AltaGas terminal. Here are the key concerns raised in the appeal:
- Increased Propane and Butane Traffic Without Review
The projects collectively allow great volumes of propane and butane to be transported, stored and exported without environmental review. These gases are highly flammable and explosive.
- Safety and Environmental Risks
Propane is more explosive than butane. The appeal cites a shift to move more propane through the terminal, creating risks for people and nature.
- Legal Precedent Ignored
A 2022 Washington Court of Appeals decision, Phillips 66 Co. v. Whatcom County, affirmed that increased fossil fuel traffic requires a full EIS.
- Flawed Capacity Assumptions
The appeal questions the county’s reliance on a redacted technical document to assess the terminals “maximum transshipment capacity.” The coalition contends that actual import and export of propane and butane have already increased due to the projects.
The Whatcom County hearing examiner will hear the appeal in a public hearing, in about two months. The coalition of community organizations represents thousands of members in Whatcom, Skagit and San Juan counties, and in communities around the Salish Sea. WCA represents thousands of members around the state.
Resources:
Coalition’s Appeal to Whatcom County
Whatcom County MDNS
Comment Letter submitted by coalition to Whatcom County
ALA Energy Ferndale Terminal’s Permit Applications to Whatcom County
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