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Millennium files new suit over terminal

Claim: Ecology violated Public Records Act

By Marissa Luck, The Daily News
Published: December 4, 2017, 5:21pm

LONGVIEW — The legal battle brewing between the state Department of Ecology and Millennium Bulk Terminals is heating up, as the backers of one of the biggest coal terminals in North America filed a second lawsuit against the state agency Monday.

Millennium is arguing Ecology violated the Public Records Act by failing to provide “essential information” the agency used as “the basis for critical findings” in the environmental impact statement.

This week’s lawsuit comes after Millennium filed a separate lawsuit against Ecology in October over the agency’s move to reject a key water quality certification needed for the $680 million coal dock.

In a complaint filed in Thurston County Superior Court, Millennium argued that Ecology failed to provide documents in a timely manner as required by state law and that Ecology dismissed its own expert consultants’ findings on greenhouse gas emissions.

Millennium said in its complaint that Ecology did not provide the company with modeling data used to estimate how much greenhouse gas and diesel particulate matter emissions would be generated as a result of the project.

Separately, Millennium also filed an appeal of the shoreline permits rejected by a state Shoreline Hearings Board in November.

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