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Thirteen parties appealed the Phase I, Phase II Eastern Washington, and Phase II Western Washington Municipal Stormwater Permits that Ecology issued in January, 2007. The parties to these appeals represent cities, counties, and non-governmental organizations. Several parties also filed to intervene in the appeals.
The PCHB issued pre-hearing orders to identify and consolidate the issues, grant motions to intervene, clarify procedures, and set hearing schedules.
PCHB Pre-Hearing Order identified the Phase II issues and consolidated the appeals.
The PCHB consolidated the appeals of permit condition S4, Compliance with Standards. This resulted in a separate Summary Judgment and final ruling on S4 that apply to all three permits.
The PCHB treated the remaining Phase I and Phase II issues separately. The PCHB Summary Judgments for each permit ruled on some issues, dismissed some issues, and identified the remaining issues for hearings before the Board. After the hearings, the PCHB issued separate rulings on remaining appeal issues for Phase I and Phase II.
S4 Compliance with Standards Summary Judgment – April 2, 2008
S4 Compliance with Standards Appeal Ruling – August 7, 2008
Phase I Summary Judgment – April 8, 2008
Phase I Appeal Ruling – August 7, 2008
Phase II Summary Judgment – September 29, 2008
Phase II Appeal Ruling – February 2, 2009
Phase II Revised Concurrence and Dissent – February 13, 2009
PCHB Order of Dismissal – WSU v. Ecology – January 8, 2008
Condition S8 Monitoring Settlement Agreement – February 2008
King County Superior Court Stipulation and Order of Dismissal – Puget Sound Energy and PacificCorp v. Ecology – March 6, 2009
Seven parties appealed the Phase I permit.
Four parties filed petitions to intervene in the Phase I appeal
1. King County Petitions to Intervene in the Phase I permit appeal:
- Clark County v. Department of Ecology
- Pierce County Public Works and Utilities v. Department of Ecology
- Port of Seattle v. Department of Ecology
- Puget Soundkeeper Alliance and People for Puget Sound v. Department of Ecology
- Snohomish County v. Department of Ecology
- City of Tacoma v. Department of Ecology
2. City of Seattle Petitions to Intervene in the Phase I permit appeal:
- Clark County v. Department of Ecology
- Pierce County Public Works and Utilities v. Department of Ecology
- Port of Seattle v. Department of Ecology
- Puget Soundkeeper Alliance and People for Puget Sound v. Department of Ecology
- Snohomish County v. Department of Ecology
- City of Tacoma v. Department of Ecology
3. Port of Tacoma Petition to Intervene in the Phase I permit appeal:
4. Washington State Department of Transportation Petition to Intervene in the Phase I permit appeal
- Clark County v. Department of Ecology, City of Tacoma, City of Seattle, King County, Pierce County, and Snohomish County
- Pierce County Public Works and Utilities v. Department of Ecology
- Port of Seattle v. Department of Ecology
- Puget Soundkeeper Alliance and People for Puget Sound v. Department of Ecology
- Snohomish County v. Department of Ecology
- City of Tacoma v. Department of Ecology
Eastern Washington
Two parties have appealed the Eastern Washington Phase II permit.
Western Washington
Five parties have appealed the Western Washington Phase II permit.
*A single appeal was filed on behalf of a coalition of cities and counties by the law firm of Foster Pepper, PLLC. The coalition of cities and counties includes the cities of Anacortes, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley, Burien, Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest, Kennewick, Kent, Longview, Marysville, Mount Vernon, Normandy Park, Orting, Port Angeles, Pullman, Puyallup, Renton, Richland, Sammamish, SeaTac, Sumner, University Place, Vancouver, and Kitsap County.