City of Des Moines v. Puget Sound Regional Council

108 Wash. App. 836
CourtCourt of Appeals of Washington
DecidedNovember 15, 1999
DocketNo. 43100-5-I
StatusPublished
Cited by7 cases

This text of 108 Wash. App. 836 (City of Des Moines v. Puget Sound Regional Council) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Des Moines v. Puget Sound Regional Council, 108 Wash. App. 836 (Wash. Ct. App. 1999).

Opinion

Agid, J.

This is the second of three actions brought by the cities surrounding the Seattle Tacoma International Airport against the Port of Seattle, the Puget Sound Regional Council, and the City of Sea-Tac — the entities responsible for approving and implementing the Sea-Tac expansion project. All three actions essentially allege “that the GMA [Growth Management Act] requires at least one public entity... to ensure that the Sea-Tac expansion project is consistent with the comprehensive plans of neighboring jurisdictions ... all of which call for the reasonable mitigation of impacts from such a massive project.”

In this appeal, which deals solely with the Port’s obligations under the GMA and the State Environmental Policy Act (SEPA), the Cities contend that the trial court erred by (1) concluding that neither the GMA nor the Department of Community, Trade and Economic Development regulations require the Port Resolutions to comply with local comprehensive plans, regardless of whether they violate the GMA, (2) upholding the Central Puget Sound Growth Management Hearing Board’s invalidation of several provisions of the Des Moines city plan based on the conclusion that they preclude the siting of an essential public facility in violation of RCW 36.70A.200(2), and (3) upholding the Port’s and the [839]*839Federal Aviation Administration’s (FAA) SEPA studies, which assume that the expansion will result in no additional passengers or operations and fail to analyze the environmental impacts of the expansion beyond the year 2010. We affirm the trial court.

FACTS

The Port of Seattle is a special district governed by an elected commission and responsible for major marine and air transportation facilities in the Seattle area. In 1993, the Port initiated a Master Plan Update for Sea-Tac, which analyzed alternative means to improve airfield operating capacity in poor weather conditions, one of which was construction of a third runway. In 1995, the Port and the FAA issued a Draft Environmental Impact Statement (DEIS) as required by SEPA, and after public hearings, consultation with numerous agencies, and additional studies, the Port issued a Final EIS which identified the quantity of fill needed for construction of the runway, the various locations where the fill might be obtained, and all routes that might be used to haul the fill. Based on these studies, the Port Commission passed Resolution 3212, which adopted the Master Plan Update and granted approval to develop a third runway at Sea-Tac. Resolution 3212 also contained “a commitment to mitigate the impacts of the improvements at [Sea-Tac] based on the impacts identified in the Master Plan Update EIS.”

After publication of the Final EIS (FEIS), the FAA issued its fiscal year 1996 Terminal Area Forecast (TAF) for the nation’s airports. The TAF predicted levels of aircraft operations and passengers at Sea-Tac that exceeded the FEIS predictions. In response, the Port and the FAA revised the Sea-Tac aviation demand forecast, concluding that demand could be 17 percent greater than the FEIS forecast. Consequently, the FAA and the Port prepared a Supplemental EIS (SEIS). The draft SEIS, released in February 1997, concluded that detailed impacts could not be meaningfully assessed beyond 2010 for a number of reasons. But the [840]*840SEIS did contain a projection of impacts based on assumed steady growth rates to the year 2020, as well as a higher growth rate scenario. Des Moines, Burien, Federal Way, Normandy Park, and Tukwila appealed the adequacy of the EIS/SEIS under SEPA to the Port’s Hearings Examiner, who determined that the purposes of SEPA were “well-served” by the Port’s studies.

In Port Resolution 3245, the Port Commission reaffirmed Resolution 3212 and included a summary of the Commissioners’ decision-making process and an updated and expanded list of mitigation measures. On July 3, 1997, the FAA issued a Record of Decision (ROD) approving the Port’s Master Plan Update. The ROD was based on the EIS and SEIS and contained an analysis of the project impacts and a list of FAA-required mitigation. The ROD concluded that “ ‘all practical means to avoid or minimize environmental harm have been adopted through appropriate mitigation planning.’ ” On November 24, 1998, the Ninth Circuit upheld that FAA decision, including the aviation demand forecasting and the decision to analyze detailed impacts only through 2010.

Meanwhile, the Port had filed a petition with the Growth Management Hearings Board in February 1997 challenging the Des Moines comprehensive city plan on the theory that it would preclude expansion of Sea-Tac, an essential public facility, in violation of RCW 36.70A.200(2). The Port also asserted that the Des Moines plan was inconsistent with the regional plan, the King County comprehensive plan, and the multicounty planning policies. In an April 20, 1998 order, the Board again stated that the entire Des Moines plan violated RCW 36.70A.200:

In addition to finding the Plan, as a whole, out of compliance with the requirements of RCW 36.70A.200, the Board found that two policies, 1-04-05 and 5-04-04, substantially interfered with the fulfillment of the GMA’s transportation goal, RCW 36.70A.020(3). . . . These policies were invalidated.

The Board remanded the plan and instructed Des Moines to bring the plan into compliance with RCW 36.70A.200 and [841]*841achieve internal plan consistency. On remand, Des Moines amended only the two invalidated policies. At the hearing after remand, the Board determined that the Des Moines plan was still not in compliance with the GMA, reinstated its invalidity order, and recommended that the Governor impose sanctions on Des Moines if it did not bring its plan into compliance. The Des Moines City Council then amended 15 policy provisions, and the Board found the plan complied with GMA.

The Cities appealed the Board’s and the Examiner’s decisions to the King County Superior Court, which determined that neither the GMA nor the Department of Community, Trade and Economic Development regulations require the Port to comply with the Des Moines city plans, upheld the GMA Board’s determination that several Des Moines plan policy provisions violated the GMA, and affirmed the Port’s Hearings Examiner’s conclusion that the Port’s SEPA studies were adequate.

DISCUSSION

1. The Port’s Duty to Comply With Local Plans

The Department of Community, Trade and Economic Development (DCTED), the state agency with the principal responsibility for implementing the GMA, assists counties and cities in preparing comprehensive plans and development regulations1 and promulgates administrative procedural criteria in the Washington Administrative Code.2

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Bluebook (online)
108 Wash. App. 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-des-moines-v-puget-sound-regional-council-washctapp-1999.