PCHB124003709

Marchioro, Thomas J. Young, and Jeff B. Kray, Assistant Attorneys General, submit this Memorandum in Support of the Port of Seattle's ("Port") Motion for Partial Summary Judgment. Ecology agrees that Agreed Issue No. 14, "Did Ecology and the Port comply with SEPA", is an issue ripe for summary judgment. Because both Ecology and the Port have, as a matter of law, complied with SEPA, Ecology requests that the Pollution Control Hearings Board ("Board") grant the Port's Motion. AR 003709 MEMORANDUMINRESPONSETO 1 ATTORNEYGENERALOFWASHINGTON Ecology Division PORTOFSEATTLE'SMOTIONFOR POBox40117 PARTIAL SUMMARY JUDGMENT Olympia, WA 98504-0117 FAX (360) 586-6760 The subject of this appeal is Ecology's issuance of Order No. 1996-4-02325 (Amended-l) ("Order") granting a 401 water quality certification pursuant to Clean Water Act § 401, 33 U.S.C. § 1341, and a certification of compliance with the Coastal Zone Management Act ("CZMA"), pursuant to CZMA § 307(c)(3), 16 U.S.C. § 1456(c)(3). Ecology issued this Order upon the Port's completion of an Environmental Impact Statement ("EIS"), a Supplemental Environmental Impact Statement ("SEIS"), and also the Port's addition of addenda to address newly discovered information regarding additional wetlands. See Feldman Decl., ¶¶ 2,3,8, submitted with the Port's Motion for Partial Summary Judgment on SEPA Issue. The Port, as the lead agency under SEPA, acted in accordance with the substantive and procedural requirements of SEPA. Ecology, as an agency with jurisdiction, issued its Order upon consideration of the environmental impacts evaluated in the Port's SEPA documents. Appellant's claims that the conditions imposed by Ecology in its Order…

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PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]