PCHB131004620

PCHBPollution Control Hearings Board of the State of Washington

On January 8, 2002, Airport Communities Coalition (ACC) and Citizens Against Airport Expansion (CASE) filed with the Pollution Control Hearings Board (Board) a request for a Certificate of Appealability to allow for direct review by the Court of Appeals of a petition filed by ACC in Thurston County Superior Court (Cause No. 02-2-00029-8). Subsequently, ACC and CASE filed a second request for a Certificate of Appealability for direct review of a petition filed earlier by the Port of Seattle (Port) in Thurston County Superior Court (Cause No. 01-2-02386- 9). The requests for these Certificates of Appealability are opposed by the Port and the Department of Ecology (Ecology). The Board, comprised of Kaleen Cottingham (presiding) and Robert V. Jensen, has determined it does not have the authority to issue these Certificates of Appealability, although PCHB 01-160 1 DENIAL OF CERTIFICATES OF APPEALABILITY AR 004620 the matters presented clearly meet the criteria for such direct review. The Board's determination is based on the following materials submitted by the parties: 1. Application for Certificate of Appealability of Board's Order on Motion for Stay, dated January 8, 2002, filed by ACC and CASE, along with the accompanying attachments and exhibits; 2. Application for Direct Review and Request, Pursuant to RCW 34.05.518, for Certificate of Appealability (Thurston County Cause No. 01-2-02386-9) dated January 16, 2002 filed by ACC and CASE; 3. Letter from the Port's attorneys dated January 16, 2002; re: Port of Seattle's Opposition to ACC's RCW 34.05.518 Application for Certificate of Appealability of…
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