March 15, 2002August 2, 2026

Port Of Seattle’s response to appellants’ motion in limine to exclude ‘late-produced’ plans and reports

Notes

The Port of Seattle responds to a motion by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) seeking to exclude 17 exhibits as untimely. The Port argues that the Board’s prehearing order only required early identification and completion of plans and reports prepared ‘pursuant to the §401 Certification,’ and that none of the 17 documents at issue fall within that category. The Port contends the motion should be denied as the Board had already rejected the broad interpretation Appellants advocate.

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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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