The Oregon Court of Appeals sided with Jordan Cove Energy Project on Wednesday in a ruling that validated Coos County’s zoning policy. It also removed one more legal barrier for the proposed liquefied natural gas terminal.

The case stemmed from a Land Use Board of Appeals decision regarding the LNG terminal’s land use application with the county.

The appellant, Eugene activist Randy Prince, suggested LUBA failed to consider safety standards recommended by the Department of Land Conservation and Development.

The court dismissed the argument, affirming the LUBA decision without issuing an opinion.

Prince said he wasn’t surprised by the court’s ruling, and plans to appeal.

None of Oregon’s coastal counties have properly evaluated the threat of tsunamis, he said, which he believes was mandated by a revision to a statewide planning goal. A court ruling would force counties from Brookings to Astoria to revise their county land-use policies, Prince said.

“We recognize it’s the kind of issue that goes to the Supreme Court,” he said. “The stakes are high.”

The Jordan Cove project provided Prince an opportunity to take the issue to Salem. The Appeals Court wasn’t swayed.

Jordan Cove proposes to build an LNG terminal on Coos Bay’s North Spit. The Oregon Department of Geology and Mineral Industries identifies the land as a tsunami inundation zone, though county floodmaps show no risk of tsunamis. The county hasn’t adopted regulations to specifically address tsunami dangers.

“We address it anyway, even if the county doesn’t,” said Jordan Cove Project Manager Bob Braddock.

The LNG terminal will be designed with the threat of tsunamis in mind. Jordan Cove would build berms up to 55 feet above sea level around its LNG tanks. No one is sure how a tsunami would behave upon entering Coos Bay, though recent tests suggest water would reach 21 feet at Jordan Cove’s site.

Prince said it is his goal to have the case heard before the Oregon Supreme Court.

“Jordan Cove is just a shining example of how wrong it is to overlook a well-intentioned law,” he said.

The state’s Supreme Court won’t necessarily hear the case, even if Prince pays the $212 to file a petition for review.

Appeals Court spokeswoman Lora Keenan said the court has discretion over which cases it hears.

Prince alternatively could request the appeals court to re-hear his case.

The deadline to file a request for re-hearing is the first week of November. Prince has until the end of next month to petition the Supreme Court.

Prince was surprised the court didn’t issue an opinion with its ruling, though Keenan said it is fairly common. In 2007, the Court of Appeals issued rulings in 1,900 cases. Of those, 1,300 were decided without an opinion.

Both Prince and Braddock also were surprised at how quickly the court reached its decision. The two sides made oral arguments in the case Oct. 3. Prince thought it might be months.

The decision came down much more quickly than the LUBA decision, which the state agency postponed several times before finally issuing its verdict July 15.

In its ruling, LUBA dismissed Prince’s argument because the Department of Land Conservation and Development never notified the county of the planning goal revision involving tsunamis.

The land-use agency did find several faults with the LNG terminal application regarding wetland mapping and archaeological preservation. Once Prince’s legal question is resolved, the other issues will be remanded to Coos County.