The Land Use Board of Appeals has remanded Jordan Cove Energy Project’s land-use application for a liquefied natural gas terminal to Coos County. LUBA found Tuesday that the board of commissioners failed to address some of the opponents’ archaeological and environmental concerns.

LUBA disagreed with opponents on several issues, but agreed the county needs to review its conclusions, including whether there are wetlands in the North Spit area proposed for the LNG terminal.

It also suggested the county cannot fulfill its responsibility to resolve disputes between local Indian tribes and Jordan Cove over archeological sites under the agreement proposed by the company.

LUBA said a third concern was unwarranted. Opponents had argued the county should include a condition that construction of a pipeline be approved before construction begins.

Project opponents quickly issued a press release, welcoming the news.

“This LUBA decision is a big win for the people of Coos County and Oregon,” said Jody McCaffree, of Citizens Against LNG. “The Coos County Commissioners should have listened to their constituents’ legitimate concerns.”

Not everyone involved had seen the decision, including Oregon International Port of Coos Bay Executive Director Jeffrey Bishop. He said he couldn’t comment on it because he hadn’t read it. Jordan Cove Project Manager Bob Braddock was not available at press time.

James Nicita, the Oregon City-based attorney who successfully argued for the appeal, took the decision as a sign of more problems to come for Jordan Cove.

“This is the first major permit that Jordan Cove has sought, and LUBA’s decision is a huge signal to them that their project has major problems.”  

David Lohman, a Medford attorney representing appellant Southern Oregon Pipeline Information Project, said LUBA’s decision extended beyond technicalities.

“Correcting the problems with this permit — if Coos County decides to try to do so — will require a lot of new work by Jordan Cove and the County, including public involvement processes that were skipped over before,” he said.