PCHB135004649

Airport Communities Coalition ("ACC") advised the Board that it has filed a Petition for Review of the Board's Order granting ACC a stay of the Department of Ecology's § 401 Certification for the Third Runway Project. ACC seeks direct review in the Court of Appeals. To that end, ACC asks the Board to issue a Certificate of Appealability for the Stay Order. The Board should deny ACC's request. The Board cannot issue a Certificate of Appealability for two reasons. First, under the Administrative Procedure Act ("APA"), RCW 34.05, the Board's Stay Order was not an appealable "final decision." Second, under the Board's enabling act, RCW 43.21B.320, Thurston County Superior Court is the only forum with jurisdiction to hear ACC's Petition for Review of the Board's Stay Order. AR 004649 ECOLOGY' S MEMO OPPOSING ACC'S 1 ATTORNEYGENERALOF WASHINGTON APPLICATION FOR CERTIFICATE OF EcologyDivisionPO Box40117 APPEALABILITY OF THE BOARD'S Olympia,WA 98504-0117 ORDER ON MOTION FOR STAY ORIGINAL FAX(360) 586-6760 II. ARGUMENT A. Procedures for Obtaining Judicial Review. In RCW 34.05.518 and .522 the APA sets forth the procedures for obtaining direct review in the Court of Appeals. For non-environmental board decisions, once a petition for review is filed in Superior Court, a party has 30 days to file an "application for direct review" by the Court of Appeals. RCW 34.05.518(1). In 1995, the Legislature added specific provisions applicable to final decisions of"environmental boards." See RCW 34.05.518(3)-(6) and amendments to RCW 34.05.522.1 The Pollution Control Hearings Board is an "environmental board." RCW 43.21B.005.…

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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 [...]