PCHB077002384

PCHBPollution Control Hearings Board of the State of Washington

8, 2002, by the Port of Seattle (Port). The summary judgment motion asks the Board to enter judgment in favor of the Port on Issue No. 14 relating to the State Environmental Protection Act (SEPA). Issue No. 14 specifically asks "[d]id Ecology and the Port comply with SEPA?" The Board, comprised of Kaleen Cottingham, presiding, and Robert V. Jensen, reviewed and considered the following pleadings and documents, together with all attachments thereto, filed in support and in opposition to the summary judgment motion: 1. Port of Seattle's motion for partial summary judgment on SEPA issue; 2. ACC's and CASE's response to the Port's motion for partial summary judgment; PCHB 01-160 1 ORDER GRANTING SUMMARY JUDGMENT ON ISSUE 14 AR 002384 3. Ecology's memorandum in response to the Port's motion for partial summary judgment on SEPA issue; and 4. Port's reply memorandum supporting motion for partial summary judgment on SEPA issue. Based on this review and being otherwise fully apprised in the circumstances of this case the board enters the following ruling. BACKGROUND ACC and CASE (hereinafter referred to as ACC) have appealed a § 401 water quality certification issued by Ecology. This water quality certification is a necessary pre-requisite to the issuance ofa § 404 dredge and fill permit by the U.S. Army Corps of Engineers. The project at issue is the Port's implementation of its proposed master plan development actions at the Seattle-Tacoma International Airport, including the construction of the third runway. In February 1996, the Port, as the…
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