March 18, 2002August 2, 2026

Appellants’ reply brief in support of motion in limine to exclude testimony of Ecology witness Dave Garland

Notes

The Airport Communities Coalition (ACC) filed this reply brief in support of their motion to exclude testimony from Washington Department of Ecology witness Dave Garland. The brief argues that Ecology failed to timely disclose that Garland would testify about the Port of Seattle’s December 2001 Low Flow Plan, violating discovery rules and the Board’s Pre-Hearing Order. ACC contends this failure prejudiced Appellants by denying them the opportunity to conduct discovery before the February 28, 2002 cutoff date.

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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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