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The Airport Communities Coalition (ACC) and CASE move the Pollution Control Hearings Board for leave to publish depositions of Washington State Department of Ecology managers, including its director Tom Fitzsimmons and other senior officials. The motion arises from a dispute over Ecology’s refusal to designate CR 30(b)(6) witnesses on factual and policy issues related to the third runway project, including wetlands, stormwater, stream flow, and fill criteria. Appellants argue that under Civil Rule 32(a)(2), these depositions may be used by an adverse party for any purpose.

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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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