From Stark
Erroneous. Malicious. Ignorant. Those are three adjectives that Chief Civil Deputy Prosecuting Attorney Randall Watts used today (June 15) in a letter to Gov. Chris Gregoire, responding to an earlier letter to the governor from Mayor Dan Pike. And that was just in the first couple of paragraphs.
Pike had asked the governor to intervene in the review of SSA Marine’s Gateway Pacific Terminal project, a deep-water shipping facility that would ship coal and other cargoes to Asia via a pier at Cherry Point.
As of now, Whatcom County is the lead agency for the review of SSA Marine’s permit applications, and the lengthy environmental impact study process that has yet to get under way in earnest. Pike asked the governor to order state agencies to take over the lead agency status.
Watts’ letter says the county has already asked the Washington Department of Ecology to join the county as a co-lead agency.
“Though Mr. Pike’s letter appears to be in agreement, we feel we need to respond to his erroneous and malicious statements,” Watts’ letter says, asserting that there is no legal authority for a state agency to step in and take over lead agency status from the county without county consent.
Pike also asked the governor to include the city on the “Multi-Agency Permitting Team” of state, federal and county agencies with jurisdiction over the Gateway Pacific project. Watts argued this would be wrong, since the team agencies are supposed to conduct an unbiased review of the project and Pike has already taken a strong stand against it.
Watts also challenged Pike’s assertion that the county appears unwilling to consider the impact that increased rail traffic to a new cargo terminal would have on the Bellingham waterfront. Watts contended that in April 2011, county staff had already assured Pike that those impacts will be part of the study process.
Despite the hot language, the letter seems to indicate that the county, too, would be receptive to a total state takeover of lead agency status.
“Setting aside Mayor Pike’s erroneous statements, political grandstanding and blatant disrespect for Whatcom County staff, we wish to continue our discussion regarding the State Department of Ecology to be in part or in whole the lead agency for the EIS,” the letter says. “We are hoping the Department of Ecology will agree with Whatcom County to be co-lead or lead for the EIS (environmental impact statement) soon.”
The City shouldn’t be on the MAP Team because Pike is biased. A) Pike’s not the city. B) BNSF is on the MAP Team.
The point is rather buried, but note the county agreed with Pike, and asks the state (Ecology) to take the lead.
Note in 1st statement there should be a question mark at the end of the 1st sentence. I was re-stating county’s (highly politicized) position.
“The Association of American Physicians and Surgeons (AAPS) is a politically conservative non-profit organization founded in 1943.[1] The group was reported to have approximately 4,000 members in 2005, and 3,000 in 2011.[2][3] Notable members include Ron Paul ….” http://en.wikipedia.org/wiki/Association_of_American_Physicians_and_Surgeons
They are not the AMA, which has hundreds of thousands of members.
Sorry.
Pollyanna:
is existing coal ” traffic” or diesel fumes effecting your presentation here?
If so, I feel sympathy,
it dose mine from time to time…
Do you have extra allergy twards a coal, traffic or disesel?
Not to rehash the entire disagreement here, but to clarify a key point: Whatcom County asked Ecology to take co-lead on one element of the EIS, that of analysis of greenhouse gas emissions (GHGs). DoE informed the County that they could not, under state law, take co-lead on a partial EIS; they needed to participate in all aspects or not at all. DoE asked the County if Whatcom County wished to request that DoE be co-lead on all aspects, and has been waiting for a reply ever since.
The good news is that the County has finally clarified its request. The last paragraph of Mr. Watts letter seems pretty unequivocal, and I appreciate that.
….once more Dan has gotten himself sideways with other public entities rather than opting to work constructively.
Time to go, Dan…
“As of now, Whatcom County is the lead agency for the review of SSA Marine’s permit applications”
Jesus wept.
ok the final answer the county has juristiction
WAC 197–11–932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. For proposals for private projects that require nonexempt licenses from more than one agency, when at least one of the agencies requiring such a license is a county/city, the lead agency shall be that county/city within whose jurisdiction is located the greatest portion of the proposed project area, as measured in square feet. For the purposes of this section, the jurisdiction of a county shall not include the areas within the limits of cities or towns within such county.
[Statutory Authority: RCW 43.21C.110. 84–05–020 (Order DE 83–39), § 197–11–932, filed 2/10/84, effective 4/4/84.]
So, let me see if I got this right. Watts uses excessively egregious and inflammatory rhetoric to essentially call Pike a liar and then has the audacity to accuse Pike of political grandstanding?
This project will impact Bellingham as much as, if not more than, the rest of Whatcom County. Mayor Pike was right to request that the city be a member of the MAPS Team. And, the mayor certainly has sound and ample reasons to ask DOE to assume lead agency status on the EIS and permitting process. Had the mayor done otherwise, he would have never heard the end of it.
We absolutely must find a way to rise above and go beyond the kind of destructive and disrespectful politics displayed in Watt’s letter, because the current politics of divisiveness and separation is tearing the country apart.
I certainly hope that the upcoming campaign does not further damage our community by continuing to erode what precious little sense of social cohesion and integration we have left.
This is just standard legal hyperbole. And RCW’s get interpreted differently all the time….that’s why we have appeals and layers of courts to settle questions of law…it really isn’t as simple as some suggest…
Is it political grandstanding? That’s a question of interpretation as well…but I hardly see how it benefits the mayor if he is in error, and I appreciate that he is raising options as some of us do not support the project….I guess the underlying assertion that I find offensive is that the voters, not having the benefit of Mr. Watts’ years of legal experience, are too stupid to decide for themselves and can be easily manipulated. Then again I’m not ” shocked, shocked to find out there is …. ” Lawerly elitism going on here..
Personally, I’ll take the guy tilting at windmills over the one who throws up his hands and says because there is a vast array of opposition before me, I will just step aside and let myself be rolled …any day
“Erroneous. Malicious. Ignorant”
“treat them fairly and be open to listening to their concerns.”
Is it just me or is anyone else getting the opinion there may be a trend here?
Maybe someone could use a little learning on how to make friends and influence people in a more positive way, don’t ya know?
AFY!!theheelotsheepdog!!!
Getting along with your playmates in the sandbox, would that be a attribute of a good representative of the people?
AFY!!theheelotsheepdog!!!
Would all depend on the playmates. Life is not a sandbox populated by little children, AFY. In the adult world, more often it’s necessary to stand up to bullies and delinquents, and tell the children they can’t have everything they want.
I’m wondering if this is the same legal authority that has been quoted saying that there was no reason for Tony Larsen to recuse himself regarding terminal approval? According to Mr. Webb’s thinking, most of the local politicians should have no say in the process, at all.
Afy, as a child I was taught to stand up for myself, but not to name call. In that sandbox, who’s the bully? Todd2 is absolutely right on, though. Maligning those with whom we politically disagree is not productive, though as a tactic, I get why it is happening so much.
I have a question about the permitting process and the governors’ committee to fast track this project. Why is the EPA involved when the sub-bituminous coal from PRB is exempt from EPA regulations?
This is just another example of Pike’s poor communication and leadership skills.
When we allow our politics to be dragged into the schoolyard and settled by bullies and delinquents, we are all shamefully soiled and sullied — we are all smaller for it. We should not stand for it. We should demand better.
The inflammatory statements in the letter from Mr Watts, a member of the County’s legal staff is appalling and can only have been issued with the (even more appalling) ok by Chief Deputy Prosecuting Attorney, McEacrhan, who’s been in office for over 30 years (talk about *way* too long on taxpayer funds). publicThe use of such language is designed to make substantive discussion of pros & cons impossible, and to rouse the worst in citizen (including citizens elected to office or employed by various government agencies) behavior and mudslinging.
I think Watts should be fired, but given the general state of the county legal office, I doubt that would happen.
So, its okay for Pike to malign the county but its not okay for the county to refute his lies. That makes perfect sense.
You can read Jean Melious’ evaluation of how over the top this letter is on her blog “Get Whatcom Planning” right here: http://getwhatcomplanning.blogspot.com/2011/06/whatcom-county-blows-its-top.html
This goes way beyond any simplistic argument between ‘City’ and ‘County’. Hell, the City of Bellingham represents about 40% of the County. Surely, that must count for something, jurisdictional differences notwithstanding!
State of WA RCW’s are enabling legislative acts, some of which are clearly established in law and practice, and others open to challenge in court.
Law & practice designate the County as the responsible jurisdiction for EIS evaluation & approval, subject to State law & regulations. State agencies such as DOE & DNR can and do play a part in ensuring proper procedures are followed, and can become full partners in the process if invited to do so.
That seems to be main point of debate here; the County needs help but doesn’t want the City to speak for it!
How juvenile is that?
Reactions, in the form of angry accusatory letters like the one allowed to be issued by County officials, serve no purpose other than to unnecessarily inflame emotions, and illustrate how vulnerable local governments can be to perceived ‘turf wars’.
The rhetoric on this topic clearly needs to be turned down a notch or two. It should be the County Executive &/or County Chief Prosecuting Attorney who are allowed to sign such a letter. This isn’t the first time the top officials have chosen to hide behind their fans!
I agree with jwatts: I am shocked that Mr. Watts affixed his signature to this letter. Why wasn’t it signed by the County Executive? Sure there are legal issues in the letter, but Mr. Watts is there to give legal opinions to his employer or present arguments in court. Mr. Kremen is the elected head of Whatcom County government and he should be making the arguments for the County to the Governor’s office. The verbiage in the letter is really over the top: erroneous, malicious, ignorant, blatant, without any veracity, lack of understanding, political grandstanding, blatant disrespect.
Is this what Whatcom County government has come to?
Frankly, for all those who enjoy and perpetuate the silly narrative, that the mayor doesn’t know how to play nice, that the measure of leadership is cooperating with others, or that we need someone with a softer touch to manage the city; this is what the poor bastard is up against with the county.
From a disingenuous executive, a complicit attorneys office, to the dysfunctional county council; of course the mayor looks like the odd man.
I hope he never fits in!
I hope Pike fit’s in with the rest of us in the unemployment line.
What does Kelli or Clayton have to say? Are they OK with this kind of attack? Did they encourage it?
Are they happy with cryptic statements like those of county voter, or now, city voter? Are those making these statements supposed to be just concerned voters or are they part of the campaign machinery?
Elmer, what lies? seems a little strong with nothing behind it.
The county and the city have been at each other for some time now. Both have legal Depts and the city has prevailed on a few issues. Is that the source of the grudges? The city has always shone through on professionalism. Based on this I would say it is the county that needs to work on their communication skills. Recalcitrance and obstruction are not tactics that create harmony.
Randy is certainly more capable of professionalism than evidenced here. Did he just sign off on
someone else’s draft or is he his own man? Lots of questions, but to those familiar with legal wrangling,
this makes the county look rather silly and pouty…..
For some reason methinks management style will be a big issue in this coming mayor’s campaign.
And it is a valid issue that should be debated.
When a voter votes; one question that that voter should ask his/herself is whether what we now have; is it as best as we can do or can we do better?
AFY!!theheelotsheepdog!!!
One can always imagine that somewhere out there is someone who could walk on the water at the fountain across from six flags, but since we are talking reality, the voters can be assured that in this present mayor we have a sincere and dedicated servant,willing to make hard unpopular choices during the recession, and who has guided the city in an admirable way. That’s what the voters who elected him can be proud of.
I am proud of him.
JG, re EPA, the Northwest Clean Air Agency must issue an Order of Approval to construct under the Clean Air Act based on contribution to pollution of construction and operations. EPA wasn’t mentioned by SSA as a permitting authority when they filed the JARPA. https://secureaccess.wa.gov/Portals/_1357/images/default/GPT_PID_Ch2_2011-02-28.pdf. Maybe NCAA asked EPA to assist them in their determination given the scope of this project.
I find it disheartening that a County employee would write a letter to the Governor in an attempt to bar the City of Bellingham (a legal political entity) from participating on the Multi Agency Permitting Team, based on personal prejudices.
Collaboration, communication, and coordination between local, state and federal agencies and governments is a common goal in the planning process for any major project that has the potential to create negative public health and quality of life issues for a large population (40% of the county) living near the project. An affected party, like the City of Bellingham, should not be excluded from the MAP process, based on the personal opinions or prejudices of other appointed or elected officials. All potentially affected parties should be seated at the table. Regardless of the position they have taken in regards to the project. After all, part of the planning process is dispute resolution between the parties.
Regardless of who is serving as Mayor of Bellingham, the City of Bellingham has legitimate concerns that need to be addressed during the planning process. We need a seat at the table.