PCHB132004627

PCHBPollution Control Hearings Board of the State of Washington

On January 8, 2002, the Airport Communities Coalition (ACC) and Citizens Against Seatac Expansion (CASE) filed, with both the Thurston County Superior Court and the Pollution Control Hearings Board, an Application for Direct Review by the Court of Appeals and a Request for a Certificate of Appealability from the Board.] Pursuant to the statutory provisions governing the direct review of final decisions of environmental boards including the PCHB, ACC and CASE cited detrimental delay, fundamental state-wide or regional urgency, and the19 significant precedential value of the proceeding as factors under RCW 34.05.518(3)(b) t ACC and CASE intended their Application for Direct Review and Request for a Certificate of Appealability to apply both to the Port of Seattle's Petition for Review in Cause No. 01-2-02386-9 (filed with the Superior Court on December 31,2001), and to their own Petition for Review in Cause No. 02-2- 00029-8 (filed with the Superior Court on January 8, 2002). When the Port raised a question as to whether this was so, ACC timely filed a second Application for Direct Review and Request for Certificate of Appealability on January 16, 2002, directed solely to securing direct appellate review of Cause No. 01- 2-02386-9. ACC'S & CASE'S REPLY IN SUPPORT OF HELSELL FETTERMAN LLP Rachael Paschal Osbom APPLICATION FOR CERTIFICATE OF 1500Puget Sound Plaza Attorney at Law APPEALABILITY - 1 1325Fourth Avenue 2421 West Mission Ave. ORI61NAL Seattle, WA98101-2509 Spokane, WA99201AR 004627 supporting direct review. See, Application at 5-8, citing RCW 34.05.518(3). In plain terms, ACC and CASE…
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