EXH AR023915: Notice of Appeal — §401 CWA Certification & CZMA Concurrence (PCHB No. 01-133)

In September 2001, the Port of Seattle filed a Notice of Appeal before Washington State's Pollution Control Hearings Board, challenging conditions attached to Ecology's §401 Clean Water Act certification for the construction of a third parallel runway at Seattle-Tacoma International Airport. The appeal document argues that Ecology's certification already fully protects Washington's water resources and that the project had undergone more than a decade of rigorous planning, environmental review, and judicial scrutiny before receiving approval. The filing was prepared by the law firm Foster Pepper & Shefelman and was shared among legal and agency representatives as a confidential, attorney-client privileged communication tied to ongoing settlement discussions.

Notes

AR023915. Draft Notice of Appeal filed by Port Of Seattle (appellant) against State of Washington, Department of Ecology (respondent) before the Pollution Control Hearings Board (PCHB), Case No. 01-133. Appeals Ecology Order No. 1996-4-02325, the §401 Clean Water Act certification and Coastal Zone Management Act §307(e)(3) concurrence issued August 10, 2001 for construction of a third runway and related projects at Seattle-Tacoma International Airport (STIA), including an 8,500-foot third parallel runway, taxiways, navigational aids, standard runway safety areas for existing runways, relocation of S. 154th Street, South Aviation Support Area, and on-site borrow sources. Drafted by Thomas Walsh of Foster Pepper & Shefelman PLLC; forwarded via email chain on September 9–10, 2001 among Joan Marchioro (ATG), Raymond Hellwig, Ann Kenny, Curt Hart. Marked confidential attorney-client privileged and confidential for settlement purposes only/exempt from disclosure under ER 408. Document revised to track draft Settlement Agreement. References U.S. Army Corps of Engineers §404 permit, Puget Sound Regional Council, Puget Sound Council of Governments.

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