Supreme Court Allows 14 Environmental Groups To Join “Dirty-Fill-Bill” Lawsuit

In mid-July, the Chief Justice of Washington’s Supreme Court issued an order allowing 14 environmental groups to participate, as friends of the court, in the appeal by the Port of Seattle from last August’s ruling of the Pollution Control Hearings Board.  The groups argue that the Court should find that the “dirty-fill bill” (SSB 5787), enacted during the regular session of the Legislature, is invalid.  (See April, TIA) .

The validity of SSB 5787 was challenged by Airport Communities Coalition in a separate action in the Supreme Court, but the Court Commissioner has ruled that all the issues about the bill can & should be dealt with in the main case, so that separate lawsuit has been denied. (ACC is already in that case: each of the four parties to the case before the Pollution Control Hearing Board has appealed some part of the Board's order.) So, in effect, the Commissioner's ruling merges the two cases.

Under the schedule set by the Court, all the parties must have their opening briefs filed by Wednesday, 23 July, their response briefs by 10 September, and the final, or “reply” briefs by 13 October. The Court wants the brief from the environmental groups to be file by 10 September.  A date for oral argument has not been set, but attorneys in the case expect the argument to be heard in the Fall, with a decision possible as early as December.

The Groups Include (alphabetically):

Citizens Against Sea-Tac Expansion is a broad-based, non-profit citizen's group that acts to protect the local environment & communities from the impacts of Seattle-Tacoma International Airport. CASE is a strong advocate for clean water, including campaigning for better enforcement of the Port of Seattle's NPDES permit for discharges from Sea-Tac Airport into local streams. CASE is based in Normandy Park, King County.

Citizens for a Healthy Bay promotes full public involvement in the process of hazardous waste cleanup, restoration, & stewardship of Commencement Bay at Tacoma, Pierce County, Washington. CHB promotes habitat restoration, & provides an on-the-water presence in Commencement Bay to detect & prevent pollution.

Columbia Riverkeeper works to end pollution of the Columbia River, to save remaining fish & wildlife populations in the Columbia River & her tributaries, & to educate people about the river & the very serious threats to her. The group has offices in Oregon, & at Bingen, Klickitat County, Washington.

Friends of Grays Harbor is a 100 percent volunteer citizens’ group made up of crabbers, fishers, oyster growers, & caring citizens. FOGH protects the natural environment & human health in the Grays Harbor estuary (Grays Harbor County) & vicinity through science, advocacy, law, activism, & empowerment.

Kettle Range Conservation Group (KRCG) is a regional conservation group, with offices in Republic, Ferry County, Washington & Spokane, Washington. On behalf of more than 800 members, KRCG advocates protection & restoration of natural ecosystems in the Pacific Northwest.

The Lands Council is a local grassroots organization that has advocated for protection of forests and rivers in eastern Washington & other parts of the inland Northwest since 1983. Based at Spokane, the Lands Council is dedicated to the transition of the greater Columbia River eco-system from resource exploitation to long-term community & biological sustainability.

Public Employees for Environmental Responsibility is a private, non-profit, State-wide organization that works to protect resource professionals and to hold governments accountable to their environmental mandates, scientific integrity, & ethics in government.

Puget Soundkeeper Alliance protects & preserves Puget Sound by tracking down & stopping the discharge of toxic pollutants into its waters. The Alliance actively monitors & patrols the waters of Puget Sound to detect & document sources of illegal pollution. The Alliance was formed in 1984. The Sound is shared by 11 Washington  counties.

Okanogan Highlands Alliance educates its members & the public about the threat that chemical-leach mining poses to the quality of air, soil, & water, human health, wildlife, & natural ecosystems in the Okanogan Highlands. This group, headquartered at Tonasket, Okanogan County, successfully stopped the Battle Mountain Gold project, with an appeal to the Pollution Control Hearings Board from a weak decision by the Department of Ecology.)

Okanogan Wilderness League (OWL) fights to protect the natural resources of the Methow Valley (Okanogan County), with a special emphasis on water resources. OWL is an experienced litigant and has participated in numerous successful administrative appeals before the Pollution Control Hearings Board & before the Shoreline Hearings Board.

RE Sources for Sustainable Communities is a non-profit environmental education organization focusing on fresh- & marine-water quality, air quality, & waste-reduction and recycling. Along with the North Sound Baykeeper, RE Sources acts as an advocate & educator for marine water quality for northern Puget Sound. The group’s offices are in Bellingham, Whatcom County.

Sierra Club. With more than 700,000 members, the Sierra Club is the largest and most effective conservation organization in the United States. The 27,000 plus members of the Cascade and Northern Rockies Chapters organize & support conservation efforts within Washington State that focus on national forests, energy, water, transportation, & sprawl issues, as well as political & legislative ones. (Editors’ note: the South King County group of the Cascade chapter was particularly active in testifying & lobbying against the dirty fill bills during the legislative session. Between them, the two chapters serve the entire State.)

Washington Toxics Coalition is a non-profit, member-based State-wide organization dedicated to protecting public health and the environment by promoting alternatives to toxic chemicals & pollution. WTC uses research, organizing, litigation, & citizen education to promote pollution prevention in homes, schools, workplaces, agriculture, industry, & by government agencies.

Waste Action Project is a Seattle-based non-profit environmental group, acting as a private attorney general to enforce the Clean Water Act, throughout the State. WAP uses legal tools to protect the environment & human health, & empowers its members & the public through effective advocacy and education.