Respondent/cross-petitioner Airport Communities Coalition’s supplemental brief in support of its emergency motion for injunctive relief

The Airport Communities Coalition (ACC) filed an emergency motion seeking to stop the Port of Seattle from moving forward with its Third Runway Project without complying with conditions set by the Pollution Control Hearings Board. This supplemental brief, submitted to the Washington Supreme Court, addresses whether the Administrative Procedure Act's stay provisions apply to ACC's request to enjoin the Port from violating the Board's order. ACC argues that the relevant APA provisions do not directly govern its motion, but that an injunction is especially warranted because the Port failed to obtain a stay of the Board's order.

Notes

The Airport Communities Coalition (ACC) filed a supplemental brief in the Supreme Court of Washington in support of its emergency motion for injunctive relief against the Port of Seattle’s Third Runway Project. The brief addresses whether RCW 34.05.550 of the Administrative Procedure Act applies to ACC’s motion to enjoin the Port from violating the Pollution Control Hearings Board (PCHB) Order. ACC argues that the three subsections of RCW 34.05.550 do not have particular application to its motion to enjoin the Port from violating the PCHB Order and preempting the pending appeals.

V V