City Preps for Legal Action in Sea-3 Fight

The Portsmouth City Council is working on strategy for potential legal action now that Newington has granted approval for Sea-3 to reconfigure its terminal to allow for Liquefied Petroleum Gas shipments via rail.

Both the possible appeal to superior court, and any coalition-building for communities in the Seacoast area, are works in progress at this point.

But councilors were unanimous in deciding to move ahead, especially with what is deemed a short window in which to file an appeal, or similar action.

"The shoe has dropped and now we have to take action," Councilor Jack Thorsen said at Monday night's meeting. "I think we need to at least you know show the residents in Portsmouth here that we in fact do care about what's going on here and we will take whatever action is necessary in order to mitigate what we perceive as a safety issue – safety, not just simple safety, but life and property."

A non-public meeting is scheduled for June 2 to consult with the city attorney for the related legal issues.

The Newington Planning Board granted the Sea-3 project approval at its meeting Monday night.

Sea-3's site plan calls for reconfiguring its existing terminal at Shattuck Way in Newington to accommodate LPG shipments via rail, in addition to existing shipments by vessels and by truck. 

Portsmouth City Manager John Bohenko said the review would include reaching out to the Rockingham Planning Commission. Besides Portsmouth, communities impacted by the terminal expansion on Shattuck Way include Greenland, Newfields and Stratham.

As was discussed again at the Portsmouth City Council meeting May 19, the Sea-3 project is not just a matter for local jurisdictions. Federal laws, such as the Federal Railroad Safety Act, are a factor.

The City of Portsmouth has a web page dedicated to the Sea-3 project.