March 14, 2002August 2, 2026

Declaration of Michael P. Witek in support of appellants’ motion to publish depositions of Ecology managers and CR30(b)(6) designated witnesses

Notes

Michael P. Witek, attorney for Airport Communities Coalition, declares under penalty of perjury the authenticity of exhibits supporting a motion to publish depositions. The declaration describes correspondence and communications between ACC’s counsel and the Washington State Department of Ecology’s attorneys regarding the designation of CR30(b)(6) witnesses for a Section 401 Certification appeal. The case involves Section 401 Certification No. 1996-4-02325 and a CZMA concurrency statement related to Sea-Tac Airport.

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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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