PCHB127003756

PCHBPollution Control Hearings Board of the State of Washington

judgment in favor of the Port on Agreed Issue No. 14 ("Did Ecology and the Port comply with SEPA?"). ACC claims that Ecology's 401 Certification is invalid because the Port and Ecology failed to comply with the State Environmental Policy Act ("SEPA"). In particular, ACC claims that the environmental impact statements, and other environmental documents, issued for the Port's Master Plan Update development actions by the Port and Federal Aviation Authority ("FAA") are legally inadequate and that a supplemental environmental impact statement must be prepared. Agreed Issue No. 14; Notice Of Appeal, p. 41. With respect to Ecology, ACC claims that Ecology "failed to act" to require the Port to prepare a supplemental environmental impact statement. ACC makes this claim ORIGINAL PORT'S MOTION FOR PARTIAL SUMMARY FOSTER PEPPER _ SItEFELMAN PLLC JUDGMENT ON SEPA ISSUE - 1 1111 TmRD AVENUE,SUIT_3400 SEATTLE,WASrImGTON98101-3299 ,o_,,,_,.o_ AR 003756 206-4474400 .... even though it is clear that Ecology's actions (a 401 certification and a certification of consistency with the Coastal Zone Management Program) are exempt from SEPA's requirements. WAC 197-11- 800(10);WAC 197-11-855(3). A review of the extensive environmental review conducted by the FAA and Port will show the substance of ACC's claims have no merit. (Relevant portions of that environmental review are discussed below and attached to the accompanying Declaration of Michael Feldman.) However, the Board does not need to reach the substance of the FAA's and Port's environmental review in order to grant summary judgment on this issue, because the Board lacks jurisdiction to…
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