TagACC(1524)
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2001-10-15
Pre-hearing order: Airport Communities Coalition v. State of Washington, Department of Ecology and the Port Of Seattle
This pre-hearing order from the Pollution Control Hearings Board sets out procedural rules for the appeal filed by Airport Communities Coalition challenging a Section 401 Clean Water Act certification issued by Washington Department of Ecology to the Port of Seattle. The order establishes a hearing schedule for March 18-29, 2002, and sets deadlines for legal -
2001-10-13
FW: SeaTac fill criteria email chain with attachments
An email chain forwarded by Ann Kenny of the Washington Department of Ecology to Andrea Grad in response to a public disclosure request. The emails detail draft fill criteria requirements for the 401 Water Quality Certification for the SeaTac Third Runway Embankment project, including spreadsheets and documentation for soil cleanup levels. The draft document outlines -
2001-10-12
Certificate of service – Airport Communities Coalition v. State of Washington, Department of Ecology and Port Of Seattle
Certificate of service filed by Rachel Parks of Helsell Fetterman LLP on behalf of the Airport Communities Coalition, certifying hand-delivery of two documents on October 12, 2001. The documents served include ACC’s Opposition to Ecology’s Motion to Strike Documents and a Declaration of Andrea Grad in Support of ACC’s Opposition. Service was made to multiple -
2001-10-12
ACC’s opposition to Ecology’s motion to strike documents, motion to rescind ex parte order and for reconsideration by full board, and request for hearing per WAC 371-08-450(3)
The Airport Communities Coalition (ACC) opposes the Washington Department of Ecology’s motion to strike documents related to a public disclosure request concerning the Port of Seattle’s third runway application. ACC argues the documents were not inadvertently disclosed, that attorney-client privilege was waived by the client’s own disclosure, and that the Board lacks jurisdiction to order -
2001-10-11
Airport Communities Coalition’s preliminary list of legal issues, witnesses and exhibits
The Airport Communities Coalition filed this preliminary list of legal issues with the Pollution Control Hearings Board for the State of Washington, challenging the Department of Ecology’s Section 401 water quality certification for the Sea-Tac Airport Third Runway project. The document raises numerous legal questions about whether the certification provides reasonable assurance of compliance with -
2001-10-11
ACC’s sur-rebuttal in support of its motion for a stay
The Airport Communities Coalition (ACC) filed this sur-rebuttal before the Pollution Control Hearings Board challenging the Department of Ecology’s Section 401 Certification and CZMA concurrency statement issued for the Port of Seattle. ACC argues that the amended certification conditions fail to provide reasonable assurance of water quality standards compliance, citing inadequate fill contaminant criteria (including -
2001-10-11
Declaration of Amanda Azous in support of ACC’s sur-reply on motion for stay
Amanda Azous, a wetland scientist, declares that the Port of Seattle’s hydrologic monitoring of wetlands is inadequate to protect remaining wetlands or restore conditions if the Section 401 Certification is rescinded. She identifies Wetlands 18 and 37 as being in immediate danger of irrevocable alteration due to the Port’s near-term fill plans, and argues that -
2001-10-11
Declaration of Dyanne Sheldon in support of ACC’s sur-reply on motion for stay
Dyanne Sheldon, a wetland specialist, submits a declaration challenging the adequacy of pre-construction groundwater monitoring standards in the Port of Seattle’s 401 Certification. She argues that the Performance Standards in the NRMP are imprecise and unmeasurable, that reliance on ‘normal rainfall’ as a baseline is contradictory, and that using wetland indicator status (WIS) ratings as -
2001-10-11
Second declaration of Dr. Patrick Lucia in support of ACC’s motion for stay
Dr. Patrick Lucia provides a second declaration supporting the Airport Communities Coalition’s motion for a stay of the Section 401 Certification issued to the Port of Seattle for the Third Runway embankment project at Sea-Tac Airport. The declaration argues that the Department of Ecology lacks reasonable assurance that fill material used in the embankment meets -
2001-10-11
Declaration of Dr. John Strand in support of ACC’s sur-reply on motion for stay
Dr. John Strand submits a declaration in support of the Airport Communities Coalition’s sur-reply on a motion for stay regarding Washington Department of Ecology’s Section 401 Certification and CZMA concurrency statement for the Port of Seattle. The declaration addresses contamination concerns with soils already accepted by the Port, critiques the Declaration of C. Linn Gould,