By Lynda V. Mapes
Seattle Times
March 25, 2003
Traffic studies prepared for the Muckleshoot Tribes' 20,000-seat amphitheater were adequate, a federal judge has ruled, clearing the biggest question mark from the facility's scheduled June 14 grand opening.
In the works since 1989, construction of the $30 million amphitheater is nearing completion on reservation land southeast of Auburn on Highway 164.
Residents opposing the project have sued, claiming the federal agencies that granted permits for the amphitheater underestimated its traffic impacts.
But in a decision issued Thursday, U.S. District Judge John C. Coughenour ruled that the traffic impacts had been adequately considered and addressed by federal agencies. Coughenour also upheld the validity of permits based on the agencies' environmental-impact analysis.
David Bricklin, attorney for Citizens for Safety and Environment, said the decision means opponents have lost the battle but not the war: Other issues raised in the suit, including complaints about noise, are yet to be decided.
A second suit filed in King County Superior Court this month to block the access permit for use of Highway 164 also is scheduled to be heard in September. And opponents can appeal Coughenour's decision to the 9th Circuit Court of Appeals.
"We lost this round but there are a lot more rounds to go, and we still expect to prevail when it's all over," Bricklin said.
Tribal spokesman Rollin Fatland said the judge's decision is a green light for the grand opening of the White River Amphitheatre. "I don't know when they say 'uncle,' " Fatland said of opponents. "But we are good to go."
Robert Otsea, attorney for the Muckleshoot Tribe, said the ruling is the culmination of a five-year process to gain approval for the project. "The judge's decision thoroughly vindicates the tribe's view on the kind and quality of work done," he said.
"This is a significant setback for them," he said of opponents. "The heart of the matter is traffic. That has been the issue of most contention, and the judge thoroughly and completely rejected their arguments."
The tribe voluntarily stopped work on the project in April 1998 while environmental assessments of the project were prepared by federal agencies. Work resumed in September 2002 after federal permits were issued.
The federal agencies are leading the review because as a sovereign Indian tribe, the Muckleshoots don't need local permits for development projects on reservation land.
As many as 150 workers at a time have swarmed the construction site readying it for the June opening.
"This is something a lot of people have been waiting for a long time," Otsea said.
The amphitheater is at the center of the 1,750-member tribe's ambitious economic diversification. In addition to its casino - the largest and most profitable in the state - the tribe in November agreed to purchase the 158-acre Emerald Downs site for $73.6 million.
The tribe will announce acts scheduled for the next week. Opening night is the band Heart. The tribe already is marketing VIP seating for the venue, which will have 10,000 seats under cover and 10,000 more on the lawn.
That puts it among the big-league entertainment facilities in the region: The Tacoma Dome is bigger, with seating for 23,000 for concerts, while Seattle's KeyArena can seat about 15,500 for a concert and The Gorge at George, Grant County, has capacity for 20,000.