TagCASE(182)

Airport Communities Coalition (ACC) Notice of Appearance filed September 10, 2002 in King County Superior Court, case No. 02-2-25658-9 SEA. ACC, represented by Peter J. Eglick, Kevin L. Stock, and Michael P. Witek of Helsell Fetterman LLP, and Rachael Paschal Osborn (WSBA #21618), enters appearance as Respondent in Port Of Seattle’s appeal of Pollution Control

Pollution Control Hearings Board (PCHB) order in PCHB No. 01-160 disposing of Port Of Seattle’s Petition for Reconsideration Regarding Condition 8, filed August 22, 2002. Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) both opposed the petition. Port Of Seattle withdrew the petition on September 3, 2002 prior to a scheduled conference call.

Port Of Seattle petition for judicial review filed in King County Superior Court (case no. 02-2-25658-9SEA) under RCW 34.05 (Administrative Procedure Act), challenging the August 12, 2002 final order of the Pollution Control Hearings Board (PCHB Case No. 01-160) regarding the 401 Certification issued by Washington Department of Ecology on September 21, 2001 for the

Proposed order submitted to the Pollution Control Hearings Board (PCHB) for Washington State in PCHB No. 01-160, disposing of Port Of Seattle’s Petition for Reconsideration Regarding Condition 8 of the Final Order. Filed by Brown Reavis & Manning PLLC on September 5, 2002. Port Of Seattle filed the petition on August 22, 2002; ACC (Airport

Pollution Control Hearings Board (PCHB) Order Granting Certificate of Appealability in PCHB 01-160, Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. Ecology and Port Of Seattle. Board members Kaleen Cottingham, Robert V. Jensen, and William H. Lynch granted direct review requests by both ACC/CASE and Port Of Seattle to the Court of

Port Of Seattle petition filed August 22, 2002 with the Pollution Control Hearings Board (PCHB No. 01-160) requesting reconsideration of Condition 8 of the Final Order dated August 12, 2002, which prohibited use of the Synthetic Precipitation Leaching Procedure (SPLP) to authorize importation of fill exceeding modified fill criteria. Appellants are Airport Communities Coalition (ACC)

Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) file a Notice of Supplemental Authority in PCHB Case No. 01-160 before the Washington Pollution Control Hearings Board, citing two Washington State Supreme Court decisions issued July 18, 2002: Public Utility District No. 1 of Pend Oreille County v. Washington Department of Ecology (Docket No.

PCHB No. 01-160. Citizens Against Sea-Tac Expansion (CASE), represented by Richard A. Poulin of Smith & Lowney P.L.L.C. (WSBA #27782), concurs with and joins Airport Communities Coalition (ACC) Motion for Correction, Clarification, and Reconsideration of the Order Publishing Depositions, filed May 31, 2002, received by Environmental Hearings Office June 4, 2002. Respondents are Washington State

Respondent State of Washington Department of Ecology concurs with and joins Port Of Seattle’s response to Airport Communities Coalition (ACC) Motion for Correction, Clarification and Reconsideration of Pollution Control Hearings Board’s Decision Publishing Portions of Depositions, PCHB No. 01-160. Filed May 31, 2002, signed by Assistant Attorneys General Joan M. Marchioro, Jeff B. Kray, and

Respondents’ Proposed Findings of Fact and Conclusions of Law filed by Washington Department of Ecology and Port Of Seattle in PCHB Case No. 01-160, received May 22, 2002. Document addresses appeal by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) of the §401 Clean Water Act Certification (33 U.S.C. §1341) issued by Ecology