Protecting Cherry Point (Xwe'chi'eXen) – Again and Again and Again

By Carl Weimer January 13, 2026

Remember the Coal Port fight at Cherry Point over a decade ago? Well Cherry Point is threatened again by the expansion of a different type of fossil fuel export facility, and the Whatcom Environmental Council, along with our coalition partners – RE Sources, Friends of the San Juans, Washington Conservation Action, Sierra Club, and Evergreen Islands – have once again intervened in the process to try to protect this beautiful and ecologically and culturally important area.

About 10 years ago Petrogas bought the LPG facility at Cherry Point, and then bought the Intalco pier. During the years that followed, Petrogas implemented dozens of projects at the terminal site that “facilitated” the “increased shipment” of butane and propane from the terminal. Petrogas did not seek or obtain permits for this work. The volume of butane and propane handled by the terminal steadily increased during this time. The company’s code violations triggered an enforcement action against the terminal by the Northwest Clean Air Agency (NWCAA), which resulted in a $4 million fine. In a 2021 letter to the County, NWCAA explained how Petrogas implemented a number of unpermitted changes that “increased the facility’s capacity for propane deliveries and handling.” The letter documented how railcar visits to the terminal increased from around 1,000 cars/year to nearly 17,000 cars/year, and vessel traffic increased from 2–5 berthing events per year to 26 in 2019. Over that same period AltaGas began the purchase of Petrogas, and became the sole owner in 2022. AltaGas now refers to this facility as ALA Energy Ferndale Terminal.

In 2016, while I was on the Whatcom County Council I help draft and get passed an “emergency moratorium” prohibiting “the filing, acceptance, and processing of new applications for conversion of land or water, new building or structure permits, or other County permits or authorizations in the Cherry Point Urban Growth Area for new or expanded facilities whose purpose is to facilitate the increased shipment of unrefined fossil fuel or new projects that would export fossil fuels.” This moratorium was in place while Petrogas was making the unpermitted changes to their facility, and the County ultimately amended its code to require such expansions go through a Conditional Use Permit process to ensure environmental protections.

In March of 2023, Whatcom County executed a “compliance agreement” with Petrogas. That agreement memorialized the County’s view that the unpermitted projects performed starting in 2016 “have substantially increased facility throughput” in violation of the emergency moratorium and other provisions of the County code. To rectify these alleged violations, the agreement confirmed that the company would seek a Conditional Use Permit (“CUP”) and Whatcom County would prepare an environmental impact statement under SEPA.

In 2025 the County released its SEPA determination and at that time stated no Environmental Impact Statement would be required, and started the Conditional Use Permit process. Our coalition filed an appeal of this SEPA determination because mitigation to the environmental harms identified were inadequate and potential other harms were not even identified. We feel the County did not adequately address the impacts from increased ship traffic or emissions on climate change, and that the mitigations the County wants to require are too vague, often voluntary, and are difficult to assess and enforce. Our appeal seeks a full environmental impact statement, as the County had led everyone to believe would be required, to ensure all environmental impacts are properly identified and mitigations put in place. Our review shows that there has never been a complete environmental review of the impacts of ship traffic from this pier, even though there is a good deal of scientific evidence that ship noise effects both whales and herring, and that the materials used to build the pier have a toxic effect on herring (see herring graph below).

Starting on January 28th at 8:30AM both the SEPA appeal and the Conditional Use Permit hearings will begin in front of the County's Hearing Examiner at the County Courthouse. Public testimony can be provided in-person or be submitted via email (hearingexamineroffice@co.whatcom.wa.us).

We are represented in our SEPA appeal by EarthJustice, and have put together a great team of experts to testify at the SEPA hearing. At this time it is still not clear whether the public will be able to testify as part of that hearing, but the public can certainly provide testimony as part of the parallel Conditional Use Permit hearing. We are guessing that members of the public, such as you, will be allowed to speak for three minutes each at that hearing, but can also provide additional written comments. The public testimony will probably start around 9:30 on the 28th. Please consider joining us in calling for better protection of Cherry Point. Lots more information about this proposed permit is available on the County's website here. The hearing agenda, expert testimony, and exhibits are here.

So many people have been working to protect Cherry Point for decades, so please help us ensure this expansion does not in some way undo previous work. Thanks in Advance!!