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Supreme Court Decision Affects NEPA
The Supreme Court is shaking things up again related to environmental permitting and some of the changes likely to result from the recent decision could be a welcome streamlining effort. On May 29, the Supreme Court ruled in the Seven County Infrastructure Coalition, et al., v. Eagle County, Colorado, et al., to rein in the review requirements under the National Environmental Policy Act (NEPA). The Supreme Court ruled 8-0 on this case and Justice Gorsuch was recused from the decision.
The ruling provided that:
- Judges should give deference to agencies to determine the proper scope of environmental review required under NEPA
- Only the project itself needs to be reviewed and separate projects upstream or downstream do not need to be included
- NEPA is a procedural tool/checklist to ensure an adequate environmental review and not meant to paralyze project or dictate the outcome of a project
It is anticipated that going forward, NEPA reviews may be shorter in both breadth of scope and length of pages of analysis. Also fewer project approvals by the agencies could be overturned since the NEPA is only one part of a project’s review that would also be covered by review requirements under the Clean Water Act, Endangered Species Act, etc. Please see more analysis of this NEPA decision in the summaries below.
To read the K&L Gates summary, click here.
To read the Schwabe summary, click here.
To read the Van Ness Feldman summary, click here.
Port of Tacoma Stormwater Case Update
The Puget Soundkeeper Alliance used the citizen lawsuit provision of the federal Clean Water Act (CWA) to sue the Port of Tacoma back in 2017 over violations to state law which had a higher standard than the federal law. The lawsuit claimed the 137-acre Port of Tacoma shipping terminal operated by the port, SSA Terminals LLC, and other entities violated the state permit for stormwater discharge from an industrial site.
The 9th Circuit Court ruled that the permit applied to the entire facility and that state law requirements which exceed federal law coverage are enforceable by CWA citizen lawsuits. However, a 2nd Circuit Court decision (Atlantic States Legal Foundation Inc. v. Eastman Kodak Co., 12 F.3d 353 (2d Cir. 1993) held the exact opposite leading to a Circuit Court split on the issue.
PNWA signed onto the Washington Public Ports Association (WPPA) amicus brief in support of the Port of Tacoma’s case being taken up by the Supreme Court. The certiorari petition by the ports argued that the 9th Circuit erred in holding CWA citizen suits can pursue federal court enforcement in a state-issued permit for stormwater discharges that exceed federal requirements. In November, the Puget Soundkeeper filed an opposition brief arguing that the Atlantic States case decision was in error as it ignored statutory text. In January, twenty-five states also supported certiorari and as a result, the Supreme Court invited the U.S. solicitor general to file a brief to outline the federal government’s position.
The solicitor general filed the U.S. amicus brief to the Supreme Court and recommended the high court take up hearing the case and adopt the 2nd Circuit’s decision that permit conditions which exceed federal CWA requirements cannot be enforced in federal court by citizen lawsuits. The brief holds that citizen lawsuits are not a mechanism intended to broaden the scope of the CWA’s requirements. We await a decision by the Supreme Court on whether they will hear the case.
ODOT Vulnerability Assessment For Bridges over Navigable Waterways
Oregon Department of Transportation (ODOT) has been contacted by the National Transportation Safety Board (NTSB) and has been asked to perform vulnerability assessment for bridges over navigable waterways frequented by ocean-going vessels. ODOT is the sole owner and responsible for performing the vulnerability assessment of the St. Johns Bridge (over the Willamette River), whereas ODOT and Washington State Department of Transportation (WSDOT) share the ownership and will be cooperating for performing the vulnerability assessment of two border bridges over the Columbia River: Astoria-Megler Bridge and Lewis and Clark Bridge.
One of the most important input parameters for this type of analyses are the annual frequency of the river traffic (the annual number of vessels, classified by type, size, and loading condition) and river bathometry at the bridge location.
Does your agency own or maintain any of the data mentioned above? If you do, would you please be willing to share that information with us? If you don’t, do you know what agency may be in charge of maintaining such data?
Any help you can provide regarding this topic would be much appreciated.
Albert NAKO, PE
Senior Standards Engineer / Seismic
ODOT, Tech Services, Bridge Engineering
Cell: (971) 283-5558
Fax: (503) 986 – 3407
Albert.NAKO@odot.oregon.gov
FY 2025 Marine Highway Webinars
How to apply for a Marine Highway Grant
Date June 5, 2025 / Time 12:00PM-1:00PM PST
Overview: The deadline to apply for an FY 2025 Marine Highway Grant is July 15, 2025. The webinar is designed to help potential applicants understand the application process and requirements.
- Microsoft Teams
- Join the meeting now
- Meeting ID: 294 726 685 681 5
- Passcode: uq7am2ap
Preparing a Benefit-Cost Analysis for a Large Project
Date: June 10, 2025 | Time: 1030 PST – 1200 PM PST
Overview: This webinar will guide applicants through the development of a Benefit-Cost Analysis (BCA) for projects requesting $10 million, or more in federal funding. The session will cover relevant standards and expectations. Please register to access the webinar on our PIDP webpage.
Economic Vitality: Small Projects at Small Ports
Date: June 17, 2025 | Time: 1030 PST – 1200PM PST
Overview: This webinar is tailored for applicants proposing small projects at small ports. This session will explain how MARAD evaluates the economic vitality of projects and how to address this criterion in your application effectively. Please register to access the webinar on our PIDP webpage.
Project Readiness and NEPA Requirements
Date: June 24, 2025 | Time: 1030 PST – 1200 PM PST
Overview: This webinar will provide an overview of the National Environmental Policy Act (NEPA) process and project readiness considerations. It will outline the steps required before construction can begin and offer guidance on how to demonstrate readiness in your proposal. Please register to access the webinar on our PIDP webpage.
Additional Information
The FY25 PIDP Notice of Funding Opportunity is available: Search Results Detail | Grants.gov.
The application deadline is September 10, 2025, at 11:59 PM Eastern Time.
For more information:
- Visit the PIDP Grants page: Port Infrastructure Development Program | MARAD
- Explore other U.S. DOT discretionary grant opportunities: Infrastructure Investment and Jobs Act | US Department of Transportation
Please feel free to share this invitation with colleagues or other interested stakeholders.
For PIDP program-related inquiries, contact: PIDPgrants@dot.gov
Port of Longview
Career Opportunity
Chief Executive Officer
The Port of Longview, Washington, is the first full-service operating port on the deep-draft Columbia River shipping channel. With more than 800 acres of property equipped for marine services, storage and industrial use, Longview is an efficient link in supply chains stretching between Asia, Europe and the Americas. In operation since 1921, the Port of Longview has a proud history of service as the connection between raw materials and the industrial customers who create finished goods around the globe.
This position requires a Bachelor’s degree from an accredited college or university in business administration, public administration, logistics, international trade, or a similar area of study, plus ten (10) years of senior leadership experience, preferably at a port, or other public-sector, transportation, infrastructure, or economic development environments. A combination of education and experience will be considered. Proven success working directly with elected officials, labor unions, and diverse community and industry stakeholders. Demonstrated strength in operations, strategic planning, and team leadership is preferred.
PNWA visits with the Idaho Wheat Commission and Idaho Legislators
On June 3rd, Neil and Megan represented PNWA at the Idaho Wheat Commission’s PNW tour with Idaho legislators in Portland. The Wheat Commission specifically invited PNWA to highlight the importance of our dams in facilitating the movement of goods, like wheat, through the navigation system.
During their “lunch and learn” session, Neil delivered a compelling presentation to an attentive and well-informed audience. The forum also featured Luke Muller, from US Wheat who emphasized the significant contribution of wheat to our export economy, particularly in the PNW.
This event provided an excellent opportunity to connect with our Idaho partners and underscore the interconnectedness of wheat exports and a reliable navigation system.
Port of Ridgefield New Executive Director
Ethan Perry, Executive Director
The Port of Ridgefield Board of Commissioners voted unanimously during its regularly scheduled Commission meeting on May 28 to appoint Ethan Perry as Executive Director.
Perry joined the Port in 2017. In his eight years with the Port, he has held the positions of director of operations, deputy director, and since March 2025, interim CEO.
“No one knows more about the Port than Ethan,” said Commission President Scott Hughes. “In the eight years he’s been here, he’s done the lion’s share of work on every single project we’ve done, and he shoulders much of the managerial responsibility, too. He’s done a great job, he knows our culture and vision, and he works hard for the Port.”
Read More: CLICK HERE
PNWA Heads to Music City for Inland Marine Expo
PNWA Staff Attends WPPA Spring Meeting
PNWA Deputy Director Dena Horton attended the Washington Public Ports Association (WPPA) Spring Meeting in Spokane, Washington. The conference featured speakers on a wide range of topics including water supply, energy issues, state legislative issues, and marine cargo trends. The committee sessions on environmental and economic development issues were also very informative. There were many opportunities to learn more about ports across Washington State, meet with Washington Governor Bob Ferguson’s advisors, talk with Maritime Administration (MARAD) officials, and to socialize with WPPA members. Compliments to the whole WPPA team for a job well done!
Lunch, River Views, and Collaboration Aboard the American Harmony
In May, Government Affairs Manager, Megan McKibben, ditched her desk for the deck as she boarded the American Harmony for the Spring Operator’s Lunch, docked in scenic Kalama, WA.
Hosted by American Cruise Lines (ACL), the event brought together river system pros for a day of connection, collaboration, and a closer look at how these incredible vessels keep guests moving along the Columbia and Snake Rivers.
Kristin Meira and Mark Freeman with ACL walked attendees through vessel operations, sharing behind-the-scenes insights as the American Harmony makes its way through the river system.
The gathering included a tour of the vessel, complete with a stop at the bridge—where attendees chatted with Captain Andrea Mickelson—and wrapped up with a delicious lunch, some great conversations, and plenty of river breeze.
Big thanks to American Cruise Lines for the kind invitation and warm hospitality aboard their beautiful vessel!
M-84 Workshop
M-84 Workshop
June 24, 2025
Mountain Timber Market, Kalama, WA
Registration: 8 – 8:30 a.m.
Workshop: 8:30 a.m. – 4 p.m.
For more information, please contact Summers Miya at smiya@portofbenton.com or 509-375-3060.
Spotlight on PNW
PNWA thanks Rep. Dan Newhouse for spotlighting Pacific Northwest priorities during this week’s FY2026 budget hearing on the Army Corps of Engineers Civil Works program.
His thoughtful questions to the Corps reflected PNWA’s concerns around continued investment in vital infrastructure—especially navigation, dam safety, and water resource management that power our region’s economy and environment and agency staffing capacity to ensure a timely permitting process.
We appreciate his leadership in ensuring the voices of the PNW are heard in Washington, D.C.