Port Of Seattle’s Memorandum Supporting Proposed Order: CASE v. Port Of Seattle (No. 98-2-23944-1 SEA)

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In January 1999, the Port of Seattle filed a legal memorandum in King County Superior Court supporting a proposed order to stay (pause) a lawsuit brought by Citizens Against SeaTac Expansion (CASE) regarding the expansion of Seattle-Tacoma International Airport. The central dispute concerned the construction of a proposed third runway and the filling of nearby wetlands, with the Port arguing that court proceedings should be paused until the U.S. Army Corps of Engineers issued a final decision on the Port's wetland-fill permit under Section 404 of the Clean Water Act. The two parties disagreed on the exact language defining how long the stay should last, with the Port seeking a clear end date tied to the Corps' permit decision and CASE proposing broader conditions related to Port environmental decisions.

Notes

Port Of Seattle’s memorandum filed January 6, 1999 in King County Superior Court (No. 98-2-23944-1 SEA) supporting its proposed order in Citizens Against Sea-Tac Expansion (CASE) v. Port Of Seattle. The memorandum addresses the language governing the length of the stay of proceedings ordered by Judge Peter D. Jarvis, arguing the stay should last until the U.S. Army Corps of Engineers issues its final decision on the Port’s Section 404 Clean Water Act permit application to fill wetlands at Seattle-Tacoma International Airport for the proposed third runway Master Plan Update. The Port argues CASE’s proposed stay language — tied to completion of Port environmental decisions — is indeterminate and unworkable, because no additional Port decisions may be required depending on the Corps’ ruling. Filed by Foster Pepper & Shefelman PLLC. Noting date January 8, 1999, 9:00 AM.

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