TagACC(1524)

Declaration by Steven G. Jones, attorney for the Port of Seattle, submitted to the Pollution Control Hearings Board in the case of Airport Communities Coalition v. State of Washington Department of Ecology and the Port of Seattle. The declaration addresses discovery disputes, including the Port’s responses to ACC’s document production requests and the scheduling of

ACC and CASE filed this application seeking direct review by the Washington Court of Appeals, Division II, of the Pollution Control Hearings Board’s December 17, 2001 Stay Order regarding the Section 401 Certification. The document argues that the Stay Order constitutes a final decision subject to direct appellate review under RCW 34.05.518, and requests the

The Pollution Control Hearings Board (PCHB) issued a denial of certificates of appealability requested by Airport Communities Coalition (ACC) and Citizens Against SeaTac Expansion (CASE) for direct review by the Court of Appeals. The Board determined it lacked authority to issue the certificates despite finding the matters clearly met the criteria for direct review. The

The Port of Seattle filed a motion to dismiss under Civil Rule 12(b)(6), seeking dismissal of the Airport Communities Coalition’s and Citizens Against Sea-Tac Expansion’s Petition for Review of Agency Action. The petition sought judicial review of the Pollution Control Hearings Board’s orders related to a Section 401 Water Quality Certification for the proposed third

Citizens Against Seatac Expansion (CASE) concurs with the Airport Communities Coalition’s motion for summary judgment regarding the absence of a water right for the Third Runway Section 401 Certification. The brief argues that the Port of Seattle’s proposal to collect, store, and release stormwater to augment summer low-streamflow in Miller and Des Moines Creeks constitutes

A letter from Helsell Fetterman LLP attorney Peter J. Eglick to Presiding Officer Kaleen Cottingham of the Pollution Control Hearings Board opposing the Port of Seattle’s emergency request for a status conference in PCHB No. 01-160. The letter argues the conference is premature and unfair to ACC, which has not yet submitted response briefs, and

The Washington State Department of Ecology responds to the Airport Communities Coalition’s motion for summary judgment, arguing that a water right is not necessary for Ecology to have reasonable assurance that water quality standards will be met. Ecology contends that the conditions in the Clean Water Act § 401 Certification already provide sufficient assurance, and

The Port of Seattle opposes the Airport Communities Coalition’s motion for summary judgment, arguing that no water right is required to manage stormwater as mandated by its NPDES permit and 401 Certification. The Port outlines how its stormwater management plan—including detention ponds, vaults, and infiltration—addresses peak flow, low flow, and water quality impacts from new

Airport Communities Coalition (ACC) filed a motion with the Pollution Control Hearings Board requesting extensions to the discovery schedule, including extending the deadline to depose Port of Seattle witnesses, file final exhibit lists, and file pre-filed direct testimony. The motion details ACC’s efforts to coordinate site inspections and depositions with the Port of Seattle and

The Airport Communities Coalition (ACC) filed a motion before the Pollution Control Hearings Board seeking an order compelling entry upon the Third Runway/Master Plan Update project area to observe, photograph, and sample soils, wetlands, and streams. ACC argues the Port of Seattle has routinely granted unfettered site access to Ecology officials and public groups without