ACC’s motion for partial summary judgment regarding absence of water right

Notes

The Airport Communities Coalition filed a motion for partial summary judgment arguing that the Port of Seattle lacked a water right necessary to permanently mitigate low flow impacts from its proposed third runway project. The motion contends that without such a water right, the Department of Ecology could not have had reasonable assurance that water quality standards would not be violated, rendering the Section 401 Certification invalid. The filing also references a news article about the Army Corps of Engineers’ position on the stay of the certification.

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