Notes

The Airport Communities Coalition (ACC) filed this reply memorandum supporting its motion to redact testimony from Port of Seattle expert Paul Fendt regarding low flow frequencies in Walker Creek. ACC argues that Fendt’s opinions and a March 2002 Walker Creek chart were not timely disclosed to appellants prior to the discovery cutoff, violating CR 26(e)(1)(B) requirements for supplementing expert witness testimony. ACC contends the Port improperly continued revising its Low Flow Mitigation Plan during litigation without proper disclosure.

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As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

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