WHATCOM COUNTY, WA (MyBellinghamNow.com) – An energy terminal in Whatcom County has been found to have mishandled expansion of its operation at Cherry Point.

The Whatcom County Hearing Examiner released its finding on Tuesday, March 31, on an appeal filed by a coalition of environmental groups.

The appeal concerns Canadian company AltaGas’s energy terminal at Cherry Point, where the company had filed over 30 project permits.

Hearing examiner documents state these projects were not permitted and the county’s issuance of a Mitigation Determination of Non-Significance (MDNS) needs to remand.

An MDNS allows projects in Washington to bypass environmental reviews if the governing body finds that the project will not be a great disturbance to the surrounding area.

Several of the claims the environmental groups made about AltaGas’s projects impacting the environment were noted to be not relevant by the Hearing Examiner.

The Hearing Examiner also stated that the county’s Planning and Development Services department did not award the MDNS after thorough review of the application.

Earthjustice represented the largely local coalition of appellants. Senior attorney Jan Hasselman for the national organization said the Ferndale terminal has a shameful history of skirting the law, and “it’s about time they were held to account” following the finding’s release.

AltaGas tells My Bellingham Now they are reviewing the Hearing Examiner’s finding, adding they remain committed to safe and responsible operation at the Ferndale terminal.

County executive spokesperson Jed Holmes said the office has no comment as the litigation is still pending. He added they are currently reviewing the examiner’s finding.