Plaintiff ACC's motion for reconsideration

The Airport Communities Coalition (ACC) asked a federal court to reconsider its ruling that allowed the Army Corps of Engineers to issue a wetlands fill permit for a Port of Seattle project. ACC argued the court overlooked a December 2001 Washington State Pollution Control Hearings Board order that effectively blocked the required water quality certification within the legally allowed one-year window, which under the Clean Water Act should have prevented the permit from being granted.

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The Airport Communities Coalition (ACC) moves for reconsideration of the court’s order granting summary judgment to defendants, arguing the court failed to address the legal effect of the State Pollution Control Hearings Board’s December 17, 2001, Stay Order on the Section 401 certification. ACC contends the PCHB stay, issued within the one-year notice period, constituted a denial of certification under the Clean Water Act, which should have precluded the Army Corps of Engineers from issuing the Section 404 permit to the Port of Seattle. ACC requests remand with direction to deny the permit or to incorporate the PCHB’s modified conditions.

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