PCHB019000913

PCHBPollution Control Hearings Board of the State of Washington

OF ECOLOGY, and THE PORT OF SEATTLE, Respondents. ACC requests that the Board consider the following cites of recent decisions of the Washington State Supreme Court as supplemental authority in this matter relating to the following issues in this case: 1 AR 000913 lIssue numbers conform to the "Airport Opinion Structure" issued by the Board on April 8, 2002. ACC'S NOTICE OF HELSELL FETTERMAN LLP Rachael Paschal Osborn SUPPLEMENTAL AUTHORITY -- 1 1500 Puget Sound Plaza Attorney at Law 0RIGINAI-1325Fourth Avenue 2421 West Mission Ave.Seattle, WA 98101-2509 Spokane, WA 99201 Public Utility District No. 1 ofPend Oreille County v. Washington Department of Ecology, Wn.2d, __ P.3d ,2002 Wash. Lexis 473 (Docket No. 70372-8, slip op. July 18, 2002). General applicability to all issues presented to the Board, including but not limited to Issues VI.E. 1.e, g, h, i, j; Issue IV.E.3; Issue IV.E.4.a; Issue IV.E.5.b; Issue IV.E.7; Issue IV.E.8 (describing state authority and obligations under Section 401 certification authority; state is7 required to enforce state water quality standards; state must consider and apply all appropriate requirements of state law; state must set effluent limits in 401 certifications). Hubbard v. County of Spokane, __ Wn.2d , __ P.3d ,2002 Wash. Lexis 470 (Docket No. 70975-1, slip op. July 18, 2002). General applicability to all issues presented to the Board (government officials are held to a high standard and must conduct business in a manner that advances the public interest; officials are prohibited from granting special privileges or exemptions to others) DATED…
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