01 AVISTA at Birch Bay Point - SEPA APPEAL
City of Blaine
Avista Development
New Analysis of Hearing Examiner Bias in Avista Ruling
Protect Our Bay, Headlands and Water
Avista Hearing Examiner Ruling Update
Avista Hearing Examiner Issues Ruling
Ruling admits only 5% of public concerns and denies evidence submission
01.06.2026
New!
5 days of hearings
New!
Hearing Examiner Makes Serious Procedural Mistake by Denying Technical Exhibits
A four step pattern appears in the Ruling:
Step 1 exclude scientific evidence
Step 2 make no findings on the excluded evidence
Step 3 declare “no credible evidence” existsStep
Step 4 dismiss the SEPA issue on that basis
01.12.2026
City of Blaine, WA
Attorneys
Avista at Birch Point: SEPA Appeal Briefs & Exhibits
Regulatory Agencies
Citizens
City of Blaine, WA
Upcoming January Blaine City Council Decision on Avista
After the November 2025 hearings exposed gaps in the City’s records for Avista. Blaine Planning has proposed 106 conditions, many of which are unverifiable and will not be enforced. Only 42% of these conditions for the developer address community concerns adequately.
Blaine has addressed only 42% of Community Concerns for Public Safety and Water Protection
Over 35 Citizens Testified or Commented
Leading to Top 10 Asks for City of Blaine
Video Note: Blaine Council will decide this appeal under quasi‑judicial rules. This video is for public education and is not a request for off‑record conversations with council about this case
HE Day 1, Part 1 - Avista SEPA Appeal
Hearing Examiner Meetings
Snapshot: Why Citizens Filed a SEPA Appeal
The City of Blaine has approved a 490 high-end development above Birch Bay. We've identified major deficiencies in the City of Blaine's plans, compliance with state environmental laws and go forward maintenance. Big Risks to Birch Bay. As proposed by the developer and City, Avista poses high risks for stormwater flooding - and many others - to downstream Birch Bay residents.
In early July, Blaine, Semiahmoo, Birch Bay and other residents of Whatcom County filed a SEPA (State Environmental Policy Act) to review stormwater flooding, unmaintained ponds, water pollution, wetlands degradation, traffic and higher water bill costs for residents.
We're not against Avista. We're for responsible, sustainable development with better stewardship of this critical aquifer recharge area (CARA).
Your participation is urgently needed - donations, committees, meeting with Whatcom County, letting the developers know how you feel about this, and getting the Department of Ecology and others involved.
Learn what you can do, Get involved
What We Found So Far
The SEPA appeal discovery, cross-examination, expert witnesses, citizens and Whatcom County reports identified major problems with Blaine planning department reviews, reports, and Mitigated Determination of Non-Significance (MDNS).
The MDNS should be set aside and replaced with a Determination of Significance (DS), triggering preparation of a full Environmental Impact Statement (EIS) for the Avista PUD. The City and developer are not taking financial responsibility for Birch Bay impacts. The City of Blaine has no publicly accessible track record of environmental enforcement since 2021.
