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GordonDerr represented Northwest Racing in the development of the Emerald Downs race track in Auburn. This matter involved multiple federal, state and local permits for the complex and controversial Auburn race track. Despite predictions of impossibility, the firm shepherded the Auburn racetrack through hotly contested local, state, and federal permit processes. The firm supervised the preparation of two separate EIS's, one prepared under the State Environmental Policy Act (SEPA) for the City of Auburn, the other prepared for the U.S. Army Corps of Engineers pursuant to the National Environmental Policy Act (NEPA), for permits to cover the largest inland wetland fill operation ever permitted in Washington State under the current regulatory schemes. GordonDerr successfully defended Auburn's permits and the adequacy of Auburn's EIS in judicial appeals in King County Superior Court and before the Washington State Supreme Court. Citizens Alliance To Protect Our Wetlands v. City of Auburn, 126 Wn.2d 356, 894 P.2d 1300 (1995). The firm was also successful in defeating challenges brought in federal district court concerning the Corps wetland permit and the adequacy of the federal EIS.
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