TRANSFER OF SEPA APPEAL VENUE

On July 23, 2025, Blaine Water Coalition filed a formal legal demand with Whatcom County Planning and Development Services for the transfer of SEPA appeal venue from the City of Blaine to Whatcom County, and the appointment of a neutral hearing examiner from Whatcom County regarding the Avista at Birch Point Planned Unit Development (PUD) proposal (SEPA File No. 2024031; Appeal File No. 20250443). The Avista PUD would impact County roads, traffic, groundwater, stormwater, wetlands, water supply connections, drinking water supply aquifers, and taxes in Blaine and Birch Bay.

The Whatcom County Code guarantees all parties the right to present evidence, cross-examine witnesses, object to evidence, and provide rebuttal at a public, open-record hearing. Blaine's hearing examiner rules only allow cross-examination and rebuttal at the examiner's discretion, providing less protection for due process, public participation, and environmental justice.

Blaine's hearing examiner has denied the right to cross-examine in past proceedings, failing to meet the minimum fairness standards established by the Washington State Supreme Court. Should Blaine refuse a voluntary or negotiated transfer, Blaine Water Coalition reserves the right to seek judicial relief.

The cumulative record of regulatory incapacity, violations of the appearance of fairness doctrine, procedural deficiencies, and environmental risk establishes a strong factual basis for Superior Court review or emergency writs to compel process or transfer. Whatcom County may provide technical assistance, mediation, or joint review for SEPA disputes upon request by any party.

This allows for direct County involvement in reviewing or supplementing Blaine's environmental analysis, especially where cumulative impacts have been overlooked or where there are concerns about the fairness and impartiality of the current review.

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