Notes
Port Of Seattle’s reply memorandum supporting its motion for partial summary judgment on Issue No. 14 (‘Did Ecology and the Port comply with SEPA?’) in PCHB Case No. 01-160, Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. Department of Ecology and Port Of Seattle. Argues the Pollution Control Hearings Board (PCHB) lacks jurisdiction over administrative SEPA appeals of Port or Ecology actions; that Port’s Hearing Examiner, King County Superior Court, and Washington Court of Appeals upheld the FEIS and SEIS as legally adequate; that the Port’s August 13, 2001 formal decision requiring no further supplemental EIS was final and uncontested; and that FAA’s August 8, 2001 order under 49 U.S.C. § 46110 finding no supplemental EIS required for the Sea-Tac Airport Master Plan Update (including third runway) is final and unappealable. Cites Washington Coastal Zone Management Program, Port Resolution 3211, NEPA reevaluation, and Moss v. Bellingham, 109 Wn. App. 6 (2001). Filed by Foster Pepper & Shefelman PLLC on behalf of Port Of Seattle.