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Order Denying Respondent Port Of Seattle’s Motion to Dismiss for Lack of Standing and Staying Action

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Port of Seattle
Properties
Auburn Wetland
CASE #98-2-23944-1 SEA

In January 1999, the King County Superior Court denied the Port of Seattle's motion to dismiss a lawsuit brought by Citizens Against SeaTac Expansion, ruling that a potential injury from wetland filling near the airport could not be ruled out. The case centered on the Port's plan to fill wetlands in Auburn as part of its Master Plan Update, which included construction of a proposed third air carrier runway at Seattle-Tacoma International Airport. The court stayed all further proceedings until the U.S. Army Corps of Engineers issued a final decision on the Port's wetland-filling permit under Section 404 of the Clean Water Act.

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King County Superior Court Case No. 98-2-23944-1SEA, Citizens Against Sea-Tac Expansion (CASE) v. Port Of Seattle. Honorable Peter D. Jarvis signed January 8, 1999 (noted December 18, 1998) order denying Port Of Seattle’s motion to dismiss for lack of standing. Court finds Port’s Final Determination of Nonsignificance (DNS) regarding replacement wetlands in Auburn is interrelated to Seattle-Tacoma International Airport Master Plan Update decisions, including proposed third air carrier runway and wetland filling under Clean Water Act § 404. All proceedings stayed pending U.S. Army Corps of Engineers final decision on Port Of Seattle’s § 404 permit application for wetland filling at Sea-Tac Airport. Presented by Foster Pepper & Shefelman PLLC; attorneys Roger A. Pearce (WSBA No. 21113), J. Tayloe Washburn (WSBA No. 13676), Linda J. Strout (General Counsel, WSBA No. 9422), Traci M. Goodwin (WSBA No. 14974). Declarations by Michael Feldman, Roger Pearce, Lawrence Corvari, Greg Wingard, Richard A. Poulin, Barbara Hinkle referenced.

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