Quinault Indian Nation v. Imperium Terminal Services, LLC

Summary

The Washington Supreme Court held that the Ocean Resources Management Act applies to proposed expansions of oil terminal facilities in Hoquiam, Washington. The court concluded that the projects constituted ocean uses, transportation, and coastal uses under the relevant statute and Department of Ecology regulations. It reversed the Court of Appeals and remanded for further review under the Act.

Holdings

1. The proposed projects trigger review under RCW 43.143.030 because they are permitted activities involving the management, use, or development of natural resources in Washington's coastal waters and may adversely affect renewable resources, navigation, and other ocean or coastal uses.
2. The terminal expansion projects qualify as ocean uses under WAC 173-26-360(3).
3. The projects qualify as transportation under WAC 173-26-360(12).
4. The projects qualify as coastal uses under WAC 173-26-360(6), independently providing a basis for ORMA review.

Questions Presented

1. Whether the proposed terminal expansion projects trigger review under the Ocean Resources Management Act, chapter 43.143 RCW.
2. Whether the proposed projects qualify as ocean uses under WAC 173-26-360(3).
3. Whether the proposed projects qualify as transportation under WAC 173-26-360(12).
4. Whether the proposed projects qualify as coastal uses under WAC 173-26-360(6).

Disposition

reversed_and_remanded