It is David vs. Goliath "battling" (with words) before the Whatcom County Hearing Examiner.
The illegal clearing (in pictures) is shown below.
|Carl Weimer took this picture of the clearing in July 2011 while walking his dog.|
Big coal doesn't like the fact that their project might get suspended, or that their violations would be subject to public input. So, Pacific International Terminal's, Inc. have "lawyered" up against this citizen appeal. Their first attack on my appeal is to file a motion to dismiss, arguing that a citizen that lives in Bellingham does not have "standing" to file the appeal.
The lawyers attempt to limit standing has never been raised in an appeal before the Whatcom County Hearing Examiner. In fact, Whatcom County's system for appealing zoning and critical area decisions only require you to be a "person". The coal port developers attempt at limiting appeals is just another way that they wish to exert undue influence on their illegal clearing.
If you wish to voice your opinion on Pacific International Terminal's attempt to dismiss this appeal, attend the hearing or send your comments. The Hearing Examiner required a legal notice to be published that said the hearing is an "open record" and allows you to "appear at hearing." You can also mail your comments to the Hearing Examiner at 311 Grand Avenue, Bellingham, WA 98225 before April 23rd.
For those of you that enjoy reading legal arguments, here are the two briefs I submitted: