A state appeals court will hear arguments on the International Longshore and Warehouse Union Local 19 suit to invalidate the Memorandum of Understanding (MOU) to build a new Sonics arena in SodoI have no dog in this fight but I can see the larger point — had the SEPA process (prior to the MOU) revealed truly horrendous terrible environmental impacts, the City could say "No Mr. Hansen, no can do at that site. Please find another." And Hansen (and the City) would have had less investment, both financial and psychological.
Yes realistically, the politics does indeed become more difficult with every step made by both parties. Theoretically the City can reject the site. But. Politics. Momentum. "I thought we had a deal." Makes City look bad -- won't go forward just because there are a few little tree-hugger problems.
How can an Appeals Court put its arm around the idea (reality, really) that environmental factors can in fact be nullified by actions which are so serious that no one in practice will actually examine environmental factors? There is no question that it happens all the time. I have no idea what a Court will say but it is an interesting question. And certainly does kill time. And in general 'Time is the enemy of the deal."