EXH1252050598

PCHBPollution Control Hearings Board of the State of Washington

Enclosed for filing are the origi_ and four copies of Petitioners' Motion for Voluntary Dismissal. Counsel for the Fedend Avimon Admimstmtion and the Port of Seaule have been served, MarkC. Rut_ck Enclosures cc: Counsel 1252 AR 050598 RECE:VF . JUN1 2001i4 No.OO-os Stoel Rives LLF J _rA'rE_ COURT OF APPEALS FOR THE NINTH CIRCUIT AIRPORT COMMIYNIT_S COALITION, et al., Petitioners, FEDERAL AVIATION ADMINISTRATION ud PORT OF SEATTLE, Respondents. PETITION FOR REVIEW OF FEDERAL AVIATION ADMINISTRATION ORDER PETITIONERS' MOTION FOR VOLUNTARY DISMISSAL Petitioners Airport Communities Coalition (ACC), City of Des Moines, City of Normandy Park, City of Burien, City of'Federal Way, City of Tulcwila, and Highline School District No. 401 move for voluntary dismissal pursuant to Fed. 11.App. P. 42(b) on the gzound that petitioners have achieved substantially all the reliefth_ sought m _.is case through issuanc_ of a biological opinion by the U.S. Fish and Wildlife Service (FWS) in May 2001 addressing the effects of the ongoing implementation of the Master Plan Updat_ Development Actions (MPU) for Seattle-Ta=oma International Airport on threatened Coastal/Puget Sound bull trout and endangered marbled murrelets; and by the i._uan_ of a letter of concun'ence by the National Marine Fhharies Service (NMFS) on May 31, 2001 addressing the effects of the MPU on Puget Sound ehlnook salmon. Before ACC filed this case and the related pending action in the We_-a District of Washington, respondents Federal Aviation AdminLstmfion ('FAA) and Port of Seattle, Washington AR 050599 (Port of Seanle) had completely ignored their duties underthe Endangered Species…
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