Coalition files lawsuit against pipeline project.

Byline: Winston Ross The Register-Guard

COQUILLE - A coalition of union and environmental groups has filed a federal lawsuit against Coos County's $51 million natural gas pipeline project, seeking $4.3 million in fines against county officials and MasTec Inc., the Miami-based construction company laying the pipe.

The suit, filed by Coos County Coalition, is asking for the penalties under the Clean Water Act. The suit alleges the company's underground drilling practices have damaged area creeks and water pumps.

The U.S. Army Corps of Engineers has issued two cease and desist orders against MasTec and the county, ordering the company to stop the "frac-outs," the term for spewing drilling fluids into the streams. The corps said the company did not have an in-water work permit.

On at least a half-dozen occasions, according to state regulators, MasTec has allowed a clay substance called bentonite to rupture into stream beds as crews attempt to drill beneath the waterway. Bentonite is used to lubricate the head of a drill.

Federal law allows for penalties of up to $27,500 per infraction. The plaintiffs reached $4.3 million by counting 157 days since each frac-out occurred. They say since the bentonite has not been cleaned up, no effort was made to mitigate the problem by ceasing the underwater drilling and no permit has been granted to continue drilling.

As a result, the plaintiffs claim, critical salmon habitat is choked off, with turbidity levels in one instance increasing by 2,455 percent, according to state officials.

"These regulatory agencies just haven't done their job," said Del Knight, president of the coalition. "This is definitely impeding the fall run of coho, chinook salmon and steelhead. They're getting a wall of turbidity that they can't deal with."

MasTec spokesman Jack Beebe, a former Coos County commissioner, said Tuesday he wasn't surprised by the suit.

"They're doing everything they can to cause problems for the pipeline."

County Commissioner John Griffith pointed out that by drilling beneath a stream, the project avoids having to bulldoze the habitat entirely, diverting the natural waterway.

"We're disappointed that anything got in the water," he said.

He also noted that state officials told MasTec not to clean up the bentonite after the first few frac-outs because that would disturb the stream bed more than just letting it wash away naturally.

"To ding them $27,500 a day after they told you not to do it, I don't think that'd be fair," Griffith said.

Still, the company and the county should be held accountable for their actions, said Brent Foster, an attorney for the Sierra Club, which is a party to the suit.

"The violations are continuing to happen, as we speak," he said. "The bentonite continues to be in the water. As long as it's in the stream, it's an illegal discharge."

Frustrated with the lack of fines issued by state and federal regulators so far, Foster said the plaintiffs decided to file suit.

"We are sill hopeful these agencies are going to issue significant fines," Foster said. "We still believe there's additional drilling on the pipeline project continuing."

Luke Elliott, a spokesman for the U.S. Army Corps of Engineers, said Tuesday his agency is still investigating the frac-outs.

"There's still the possibility of fines," Elliott said. "We are consulting with the county to identify the way the project needs to be performed."

In October, the Coos County Coalition and the Sierra Club filed a state lawsuit under nuisance and trespass laws seeking unspecific damages exceeding $10,000. The lawsuit seeks damages on behalf of private landowners. No trial date has been set.

Winston Ross can be reached at [phone] or rgcoast@ oregonfast.net.