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Attorney Rachael Paschal Osborn writes to the Presiding Officer of the Pollution Control Hearings Board seeking expedited resolution of a service timing dispute. The Port of Seattle filed a Motion for Partial Summary Judgment on SEPA Issue on February 8, 2002, but failed to serve Osborn’s office by facsimile as indicated in its Certificate of Service; she did not receive the materials until February 11. Osborn argues that the ACC-CASE response brief is therefore due February 21, and requests guidance from the Board on the correct due 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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