Notes
Motion for Voluntary Dismissal filed by Mark C. Rutzick on behalf of petitioners Airport Communities Coalition (ACC), City of Des Moines, City of Normandy Park, City of Burien, City of Federal Way, City of Tukwila, and Highline School District No. 401 in the Ninth Circuit Court of Appeals, Case No. 00-70848. Petitioners sought dismissal under Fed. R. App. P. 42(b) after achieving substantially all relief sought through the U.S. Fish and Wildlife Service (FWS) biological opinion issued May 2001 and the National Marine Fisheries Service (NMFS) letter of concurrence dated May 31, 2001, both addressing the Master Plan Update Development Actions (MPU) for Seattle-Tacoma International Airport and impacts on threatened Coastal/Puget Sound bull trout, endangered marbled murrelets, and Puget Sound chinook salmon under the Endangered Species Act (ESA), 16 U.S.C. §§1531 et seq. The motion details how ACC compelled the FAA and Port Of Seattle to initiate formal ESA Section 7 consultation, prepare a biological assessment, and comply with ESA §7(d) regarding the Third Runway project.