EXH AR003709: Ecology Memorandum in Response to Port Of Seattle’s Motion for Partial Summary Judgment on SEPA Issue — PCHB No. 01-160

Notes

Washington State Department of Ecology memorandum supporting Port Of Seattle’s Motion for Partial Summary Judgment on SEPA compliance issue in PCHB No. 01-160. Filed before the Pollution Control Hearings Board by Assistant Attorneys General Joan M. Marchioro, Thomas J. Young, and Jeff B. Kray. Ecology argues ACC (Airport Communities Coalition) and Citizens Against Sea-Tac Expansion SEPA claims are barred by collateral estoppel following Des Moines v. Puget Sound Regional Council (108 Wn. App. 836, 988 P.2d 27), and that claims regarding the Port’s decision not to issue an additional SEIS are time-barred. References Order No. 1996-4-02325 (Amended-1), 401 water quality certification under Clean Water Act § 401 (33 U.S.C. § 1341), CZMA § 307(c)(3), EIS (1996), SEIS (1997), RCW 43.21C.031, WAC 197-11-714(3), WAC 197-11-922 through -940, CR 56.

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