Anti-coal initiative not on Whatcom Co. ballot

BELLINGHAM — An initiative that would have blocked the transport of coal through Bellingham will not be on the November ballot in Whatcom County.

Whatcom County Superior Court Judge Charles Snyder on Friday granted the city of Bellingham an injunction that blocks the measure from the ballot, The Bellingham Herald reported in Friday’s newspaper.

Before making his ruling, Snyder listened to legal arguments from attorneys representing initiative backers, the city and BNSF Railway Co.

Snyder said the initiative exceeded the scope of city government’s power and would have, among other things, attempted to nullify state and federal laws.

Besides the public expense, allowing an election to proceed would be misleading to the voters, Snyder added.

He said the initiative would “give the people in the community the impression they are doing something they cannot … It clearly would diminish faith in city government.”

Before he made his ruling, Snyder questioned the attorneys.

The judge reminded Assistant City Attorney James Erb that the city had to show “irrevocable harm” to its interests to meet the legal standard for issuance of an injunction. He asked Erb to spell out what harm would result to the city if the initiative stayed on the ballot.

Erb replied that the city would have to pay the county the costs associated with adding the measure to the ballot, but he did not know how much that would be.

Snyder then noted that the City Council is discussing placing the coal issue on the ballot and incurring those costs anyhow, although the measure that the council is considering would be a non-binding advisory measure.

Erb replied that the harm to the city would go beyond dollars.

“More important than the cost is the damage to the initiative process in allowing an invalid measure to go forward,” Erb said.

Breean Beggs, representing the initiative backers, argued that in many Washington state cases, courts have preferred to review an initiative’s legal validity only after voters have approved it.

Even when initiatives have been struck down after passage, they have served a useful purpose in making the will of the voters clear to lawmakers, Beggs said. He cited the 1999 initiative that rolled back car tab fees and made Tim Eyman famous. That measure was ruled unconstitutional, but legislators then moved to roll back the fees with a new state law.

But Snyder said state courts also have struck down ballot measures in advance, when it could be shown that they were clearly beyond the scope of the initiative power.

Beggs argued citizens have the right to vote on a measure that met the legal requirements for a place on the ballot.

“The people have the right under the Washington constitution to vote, and under the City Charter to vote,” Beggs said. “All the people are asking for is the power to vote … Their government has kind of turned against them on it.”

Snyder said he was well within established state precedents in blocking an initiative that attempted to give the city legal powers it cannot exercise under state and federal law.

“The city has no right to act illegally,” Snyder said. “The city has the legal right to come to court and say, `Don’t make us do something that is against the law.”’

On Monday, Aug. 6, the council will consider a proposal to allow citizens to express their opinion on the coal shipments in a non-binding advisory vote.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

The view of Mountain Loop Mine out the window of a second floor classroom at Fairmount Elementary on Wednesday, Jan. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
County: Everett mining yard violated order halting work next to school

At least 10 reports accused OMA Construction of violating a stop-work order next to Fairmount Elementary. A judge will hear the case.

Imagine Children's Museum's incoming CEO, Elizabeth "Elee" Wood. (Photo provided by Imagine Children's Museum)
Imagine Children’s Museum in Everett will welcome new CEO in June

Nancy Johnson, who has led Imagine Children’s Museum in Everett for 25 years, will retire in June.

Kelli Littlejohn, who was 11 when her older sister Melissa Lee was murdered, speaks to a group of investigators and deputies to thank them for bringing closure to her family after over 30 years on Thursday, March 28, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
‘She can rest in peace’: Jury convicts Bothell man in 1993 killing

Even after police arrested Alan Dean in 2020, it was unclear if he would stand trial. He was convicted Thursday in the murder of Melissa Lee, 15.

Ariel Garcia, 4, was last seen Wednesday morning in an apartment in the 4800 block of Vesper Dr. (Photo provided by Everett Police)
Everett police searching for missing child, 4

Ariel Garcia was last seen Wednesday at an apartment in the 4800 block of Vesper Drive. The child was missing under “suspicious circumstances.”

The rezoned property, seen here from the Hillside Vista luxury development, is surrounded on two sides by modern neighborhoods Monday, March 25, 2024, in Lake Stevens, Washington. (Ryan Berry / The Herald)
Despite petition, Lake Stevens OKs rezone for new 96-home development

The change faced resistance from some residents, who worried about the effects of more density in the neighborhood.

Rep. Suzan DelBene, left, introduces Xichitl Torres Small, center, Undersecretary for Rural Development with the U.S. Department of Agriculture during a talk at Thomas Family Farms on Monday, April 3, 2023, in Snohomish, Washington. (Olivia Vanni / The Herald)
Under new federal program, Washingtonians can file taxes for free

At a press conference Wednesday, U.S. Rep. Suzan DelBene called the Direct File program safe, easy and secure.

Former Snohomish County sheriff’s deputy Jeremie Zeller appears in court for sentencing on multiple counts of misdemeanor theft Wednesday, March 27, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Ex-sheriff’s deputy sentenced to 1 week of jail time for hardware theft

Jeremie Zeller, 47, stole merchandise from Home Depot in south Everett, where he worked overtime as a security guard.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.