Small Town News

Port of Arlington waiting on judges ruling in barge facility case

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The Port of Arlington heard some good news following a hearing on the continuing matter of the Port's attempt to construct a barge docking facility at the mouth of Willow Creek on the Columbia River. The hearing was conducted in federal court in Portland August 18.

The Port of Arlington had initiated litigation against the U.S. Army Corps of Engineers after the Corps reversed its decision to issue a permit to construct the barge facility. The decision reversal, however, came after the Port of Arlington and Gilliam County crews had completed a considerable amount of work on the project and had expended approximately $2 million on the project.

The barge facility on the Columbia River was being constructed to add river access in the county's efforts to enhance its economic development possibilities, specifically to add an additional mode of transporting solid waste to Waste Management's Columbia Ridge Landfill at Arlington. Currently, solid waste is being transported to the landfill via trucks in a new ten-year contract recently signed with Walsh Trucking. Solid waste also comes to the landfill from Seattle by train.

According to a recap of the hearing provided by attorney Paul Conable representing the Port of Arlington, Judge King denied the Corps of Engineers motion to dismiss the Port of Arlington's claim that the Corps' decision to revoke the permit was improper. That decision was critical to the Port in its efforts to continue with the dock facility.

The judge did dismiss the Port of Arlington's claim asking for an injunction barring the Corps from removing the dock pilings that were put in place before the permit was revoked, while an outcome of the case is still pending. The Corps had earlier informed the court in a letter that it wouldn't touch the pilings without first giving the Port 60-day written notice. In a favorable decision toward the Port of Arlington, the judge indicated that if the Corps did give the Port notice that the pilings were going to be removed, the Port could then file an injunction to stop the removal action.

On a motion to dismiss the Port's third claim, the judge did not rule. In the third claim, the Port had asked the court to declare that the Umatilla Tribe does not have a "usual and accustomed fishing station" on the Port of Arlington property at the mouth of Willow Creek. The judge was also considering which tribes of several that are involved in the litigation should be allowed to remain involved. Along with the Umatilla Tribe, Nez Perce, Yakama and Warm Springs tribes are also involved. No ruling was made on that matter.

The parties in the case are awaiting the judge to issue a written ruling on the case to date. Summary judgment motions will then be presented, on which the judge will make his final decision.



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© 2009 The Times-Journal Condon, Oregon. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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