WPM Files SEPA Appeal Brief - Round 1

FOR IMMEDIATE RELEASE November 19, 2025

Water Planning Matters Files Closing SEPA Appeal Brief to Blaine’s Avista Development

Whatcom County, WA  — Water Planning Matters (WPM – formerly Blaine Water Coalition) filed its closing brief in the largest SEPA appeal in the City of Blaine’s history, following five unprecedented days of hearings on the proposed 490-unit Avista at Birch Point project — one of the largest developments ever proposed in Whatcom County. Earlier, Whatcom County filed its own SEPA appeal against the City of Blaine and settled. The appeal challenges the City’s approval, assumptions and determination, arguing Blaine is using outdated standards for wetlands, creeks and stormwater ponds and by doing so shifts flooding, pollution, and millions in infrastructure costs downhill onto Birch Bay residents and BBWARM  ratepayers.

The phrase "stormwater knows no boundaries" means that rainwater runoff, along with the pollutants it carries, does not respect property lines or jurisdictional borders, affecting everyone downstream. This is why managing stormwater is a shared responsibility, from individual property owners to the city and federal levels and requires cooperation to prevent pollution and flooding. Stormwater runoff is a natural process driven by gravity. It collects water from development impervious surfaces which is not absorbed by the ground and directs it downhill, often through a network of ponds, ditches, drains, and pipes, which carries it across different properties and into local water bodies like Birch Bay. It will cost  Whatcom County and the Birch Bay BBWARM rate payers in the Birch Bay watershed close to $9 million dollars to provide the pipes and conveyance systems to collect the downslope stormwater which finally ends up in Birch Bay!

Doralee Booth, Civic Leader, Birch Bay

Full brief and hearing record: https://www.waterplanningmatters.org/avista-sepa-appeal

Media contact: Tina Erwin, Otto Pointer, Co-Founders Water Planning Matters info@waterplanningmatters.org

Planning Department Case Study - Regulatory Capture

Understanding Regulatory Capture

Water planning is crucial for our coastal communities. It ensures that our water resources are managed wisely. In Blaine, WA, we face unique challenges. These challenges require careful attention and action.

The Role of Water Planning Matters (WPM)

Water Planning Matters (WPM) is a non-partisan, volunteer advocacy group. We focus on promoting transparent and accountable planning practices. Our goal is to protect public health and water resources. We work to ensure responsible development in our region. Compliance with municipal, county, state, and federal regulations is essential. This compliance helps prevent conflicts of interest and bias in reports and studies.

Why Transparency is Key

Transparency in water planning is vital. It builds trust within the community. When citizens understand the planning process, they can engage more effectively. This engagement leads to better decision-making. We advocate for clear communication between planning departments and the public. This clarity helps everyone stay informed about water resource management.

The Impact of Regulatory Capture

Regulatory capture occurs when agencies prioritize the interests of specific groups over the public. This leads to biased reports with incomplete analyses, gaps in scientific data like stormwater flooding and traffic and omitted cumulative impact on regions. More importantly, City Council members remain uninformed in their decision-making by not weighing the interests of impacted residents and neighborhoods. Regulatory capture can compromise the integrity of water planning. In Blaine, WA we must remain vigilant against these practices. We need to hold our planning departments accountable. This accountability ensures that our water resources are protected for current and future generations.

Community Involvement

Community involvement is essential in water planning. We encourage citizens to participate in local meetings and discussions. Your voice matters. By sharing your concerns, you can influence the planning process. Together, we can advocate for responsible water management.

The Future of Water Resources

The future of our water resources depends on our actions today. We must prioritize sustainable practices. This includes protecting our water sources from pollution and over-extraction. By working together, we can ensure a healthy environment for future generations.

Conclusion

In conclusion, effective water planning is vital for Blaine, WA. We must remain engaged and informed. By advocating for transparency and accountability, we can protect our water resources. Remember, your participation is crucial. Together, we can make a difference.

For more information on how to get involved, visit Water Planning Matters.

Top 10 Rules Playbook: A Blaine, WA Planning Department Case Study

A Community Investigation Begins

Exposing planning department tactics in Blaine, WA

by Tina Erwin and Otto Pointer (i).

This is a summary of our "Top 10 Rules Playbook: A Blaine Case Study" originally published in Whatcom Watch (September, 2025). The investigation was conducted without guidance from any media outlet and represents three years of volunteer community research.

The Whatcom Watch article outlines a “playbook” of tactics observed in Blaine’s planning department, while highlighting broader trends across Whatcom County and potentially the state, with goals of empowering residents to engage more effectively in shaping land-use decisions for sustainable growth. B

The "Top 10 Rules Playbook"

Through intensive research, Blaine Water Coalition (BWC) identified a pattern of tactics used by planning departments to circumvent environmental protections and public participation. These tactics form what they call the "Top 10 Rules Playbook" — a systematic approach that:

• Marginalizes environmental compliance

• Expedites development approvals

• Creates barriers to citizen participation

• Shifts costs and risks to the public

• Prioritizes developer interests over community welfare

The Stakes: Our Water Resources at Risk

Volunteers investigated local planning decisions that they believe risk environmental harm, particularly to:

• Vital aquifers that provide safe drinking water

• Shellfish & salmon habitats that support both tourism and the local economy

• Connected surface waters including streams and marine environments

• Responsible development and stormwater management systems

What Makes This Investigation Unique

BWC's "Top 10 Rules" originate from direct local and county experiences, not theoretical extrapolation. The volunteers have spent considerable time cutting through what they describe as "the arcane web of overlapping local municipal and state codes used by planning departments to obstruct citizen engagement."

Key Finding: Gaps in state oversight have enabled what BWC characterizes as regulatory capture, allowing the city to avoid duty of care and state ethics standards.

The Broader Pattern

This investigation reveals dynamics that may extend beyond Blaine, affecting Whatcom County and potentially the entire state. The goal is empowering residents to engage more effectively in shaping land-use decisions for sustainable growth while advocating for:

• Water quality protections

• Regulatory compliance

• Responsible development practices

• Transparent public processes

Regulatory Capture

The article discusses how Blaine’s planning department Community Development Services Department (CDS), aided by gaps in state oversight, has turned complex regulations into tactics of “regulatory capture” and DSO (deflect, select & obfuscate).

Deflect, Select & Obfusate (DSO)

DSO is a core tactic in regulatory capture where agencies deflect scrutiny through procedural hurdles, selectively limit data and scopes to rush approvals and obfuscate facts via complex code interpretations. This practice sidelines public input, skirts environmental protections, endangers marine habitat, shellfish food and has raised serious alarms for the health of Blaine, Birch Bay and surrounding communities that depend on clean water resources. 

Origins of the Investigation: A Methodical Approach

Led by retired Navy Commander Tina Erwin and spokesperson Otto Pointer, this nonpartisan effort draws from over 4,000 hours of analysis, hearings, and agency interactions.

The BWC's research methodology has been comprehensive and evidence-based, grounded in best practices for civil engineering, earth sciences, land-use laws, and regulatory compliance.

Between 2022 and 2025, community volunteers:

• Prepared investigative reports and testimony in 5 quasi-judicial hearings

• Analyzed 1,000+ municipal records and correspondence

• Attended over 40 council and planning meetings

• Provided over 100 comments to agencies

• Submitted 20+ technical reports to city, county, state and federal agencies

• Met with over 30 state and federal officials on major land-use decisions

This level of documentation provides unprecedented insight into how regulatory capture operates at the local level.

Read the Full Publication

https://whatcomwatch.org/index.php/article/top-10-rules-playbook-a-blaine-case-study/

Whatcom Watch - Credit of First Publication:

Why This Matters for Water Planning

Understanding these tactics is essential for communities seeking to protect their water resources. As BWC has documented, when planning processes are captured by special interests, the results can include:

• Inadequate stormwater management

• Threats to drinking water aquifers

• Downstream impacts on shellfish and salmon habitats

• Climate resilience vulnerabilities

• Shifted infrastructure costs to taxpayers

The stakes are too high for our water resources to allow these practices to continue unchecked.

This investigation represents hundreds of volunteer hours dedicated to protecting water resources and ensuring accountable local government. The Blaine Water Coalition advocates for water quality protections, compliance, and responsible development that serves community interests.