Notes
Port Of Seattle’s Motion for Partial Summary Judgment filed in PCHB Case No. 01-160 before the Pollution Control Hearings Board for the State of Washington, opposing ACC (Airport Communities Coalition) claims that Ecology’s 401 Certification is invalid due to SEPA non-compliance. The motion argues six independent grounds for dismissal of Agreed Issue No. 14 (‘Did Ecology and the Port comply with SEPA?’), including lack of Board jurisdiction, res judicata from prior administrative hearing and Superior Court trial, no appealable SEPA decisions in the 401 Certification, categorical SEPA exemptions under WAC 197-11-800(10) and WAC 197-11-855(3), and no jurisdiction over claims that Ecology ‘failed to act.’ References the 1996 Final Environmental Impact Statement (FEIS) for the Sea-Tac Airport Master Plan Update, FAA, Puget Sound Regional Council Flight Plan EIS, third runway, stormwater, wetlands, and fill impacts. Filed by Foster Pepper & Shefelman PLLC; received February 8, 2002 by Environmental Hearings Office.