TagACC(1524)

This document is a proposed order from the Pollution Control Hearings Board for the State of Washington disposing of the Port of Seattle’s Petition for Reconsideration regarding Condition 8 of a final order in PCHB No. 01-160. The Port of Seattle filed the petition on August 22, 2002, but subsequently withdrew it on September 3,

The Pollution Control Hearings Board granted certificates of appealability to both the Airport Communities Coalition/Citizens Against Sea-Tac Expansion and the Port of Seattle, allowing direct review by the Court of Appeals. The order addresses competing petitions for judicial review filed in both Thurston County and King County Superior Courts following the Board’s August 2002 findings

The Port of Seattle petitions the Pollution Control Hearings Board to reconsider Condition 8 of its Final Order, which prohibits use of the Synthetic Precipitation Leaching Procedure (SPLP) to authorize importation of fill exceeding modified fill criteria. The Port argues that three of the Board’s five concerns regarding SPLP are based on misinterpretation of the

The Airport Communities Coalition filed a Notice of Supplemental Authority with the Pollution Control Hearings Board, citing two recent Washington State Supreme Court decisions as relevant to the case. The cited cases address state authority under Section 401 certification, water quality standards enforcement, and the obligation of government officials to act in the public interest.

The Pollution Control Hearings Board issued a correcting order supplementing its April 22, 2002 order regarding the publication of deposition excerpts from Department of Ecology managers and CR 30(b)(6) designated witnesses. The Board declined to reconsider portions excluded on relevancy or vagueness grounds, noting that materials related to political pressure are not relevant in its

Brown Reavis & Manning PLLC filed a notice with the Pollution Control Hearings Board informing all counsel of record that the Seattle office address has changed to 1201 Third Avenue, Suite 320, Seattle, Washington 98101. The Olympia office address remains unchanged at 421 South Capitol Way, Suite 303. The notice was served on all counsel

The Airport Communities Coalition (ACC) filed a reply brief supporting its motion for correction, clarification, and/or partial reconsideration of the Pollution Control Hearings Board’s April 22 Order regarding publication of deposition testimony from Ecology managers and CR 30(b)(6) designated witnesses. ACC argues the motion is timely, that the Port of Seattle’s cited cases are inapplicable

The Port of Seattle responds to the Airport Communities Coalition’s motion seeking correction, clarification, and reconsideration of the Pollution Control Hearings Board’s prior order publishing portions of depositions of Ecology managers and CR 30(b)(6) designated witnesses. The Port does not oppose minor transcript corrections but strongly opposes reconsideration on grounds that the motion is untimely

Citizens Against Seatac Expansion (CASE) files a concurrence joining Airport Communities Coalition’s motion for correction, clarification, and reconsideration of the Order Publishing Depositions before the Pollution Control Hearings Board. The document is signed by Richard A. Poulin of Smith & Lowney, P.L.L.C. on behalf of CASE. The case involves Washington State Department of Ecology and