Hearing examiner cancels MAT hearing appeal

As the parties are aware I received the last briefing associated with the dispositive motions yesterday.  At this point I’ve resolved most of the substantive issues and simply have to finish memorializing them in a final ruling.  A written ruling should be completed within the next couple days.  To keep the schedule moving forward I’m letting the parties know that the ruling will find that the SOS, Packwood and Bilow appeals will be dismissed due to lack of standing.  The A-2 process will also be found to be the correct review process and the amendments of Ordinance No. NO.2020-009 are found to apply to this proceeding.

The remaining issue to be resolved is the Tribe and City agreed upon SEPA modifications.  My very preliminary impressions on how to review those modification are (1) the modifications must address the grounds for appeal filed by the Tribe, (2) a hearing subject to public comment must be held on the modifications, (3) the Tribe and/or City must present evidence that the modifications are consistent with SEPA requirements,  (4) I will have the authority and responsibility to modify the terms if necessary to comply with SEPA, and (5) given that public input on the proposal has been significantly reduced due to my rulings on the dispositive motions, my prior limitations on public comment on the Tribe’s SEPA appeal should be broadened to give reasonable time for presentation of expert testimony against the proposed modifications.  I did notice that Ordinance No. 2020-009 expands examiner authority to set the ground rules for SEPA appeals.  This may authorize procedural rules limiting participation to city, applicant and appellant (none in this appeal when my ruling is issued) in SEPA appeals, should they in a case such as this?  If any of the parties, including SOS/Packwood/Bilow, have any concerns, suggestions or argument related to these potential ground rules, please email them by noon this Friday, 10/9/20.  I would also appreciate the Tribe and City providing their availability for hearing dates by that time as well.  I’m assuming that the Tribe and City will be seeking dates that will provide an opportunity for resolution ASAP consistent with applicable hearing  notice requirements.