PORT OF SEATTLE, a port district of the State of Washington, Petitioner,
v.
The POLLUTION CONTROL HEARINGS BOARD, an agency of the State of Washington, Respondent,
Airport Communities Coalition; Citizens Against Seatac Expansion; and State of Washington, Department of Ecology, an agency of the State of Washington, Respondents/Cross-Petitioners.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
Argued November 18, 2003.
Decided May 14, 2004.
Attorney(s) appearing for the Case
Peter J. Eglick, Michael P. Witek, Helsell Fetterman LLP, Seattle, Rachel Paschal Osborn, Spokane, Lind J.N. Strout, Roger A. Pearce, Patrick J. Mullaney, Foster Pepper & Sheffelman PLLC, Kevin L. Stock, Starbucks Coffee Company, Richard Arthur Poulin, Smith & Lowney, PLLC, Traci Marie Goodwin, Gillis Edward Reavis, Brown Reavis & Manning PLLC, Seattle, for Petitioners.
Jean Marie Wilkinson, Attorney Generals Office, Olympia, Jeff B. Kray, Marten Law Group, Seattle, Joan Margaret Marchioro, Sharonne E. O'Shea, Thomas J. Young, Wa. State Atty. General's Office, Olympia, for Respondents.
Shirley Waters Nixo, Karen Allston, Center for Environmental Law & Policy, Seattle, Kevin Allen Klingbeil, Denver, Co., for Amicus Curiae (Center for Environmental Law & Policy).
Richard Adam Smith, William Hamilton Rodgers, U of Washington, Richard Arthur Poulin, Smith & Lawney PLLC, Seattle, for Amicus Curiae, Citizens Against SEATAC Expansion, Citizens for a Healthy Bay, Columbia Riverkeeper, Friends of Grays Harbor, Kettle Range Conservation Group, Lands Council, Okanogan Highland Alliance, Okanogan Wilderness League.
William Hamilton Rodgers, U of Washington, Seattle, for Amicus Curiae People for Puget Sound.
Richard Arthur Poulin, Smith & Lowney PLLC, William Hamilton Rodgers, U of Washington, Seattle, for Amicus Curiae Public Employees for Environmental Responsibility, Puget Soundkeeper Alliance.
Richard Adam Smith, William Hamilton Rodgers, U of Washington, Seattle, for Amicus Curiae Resources for Sustainable Communities.
Richard Arthur Poulin, Smith & Lowney PLLC, William Hamilton Rodgers, U of Washington, Seattle, for Amicus Curiae Sierra Club.
Richard Adam Smith, William Hamilton Rodgers, U of Washington, Seattle, for Amicus Curiae Washington Toxics Coalition, and Waste Action Project.
Supreme Court of Washington, En Banc.
BRIDGE, J.
Construction of the third runway at the Seattle-Tacoma International Airport (Sea-Tac) will require placing fill into area wetlands. Before the Army Corps of Engineers may issue a permit to fill wetlands, the project proponent must obtain certification from the State, pursuant to § 401 of the Clean Water Act (33 U.S.C. § 1341), stating that there is reasonable assurance that the project will not violate...
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