January 23, 2002August 2, 2026

Ecology’s memorandum opposing ACC’s application for certificate of appealability of the board’s order on motion for stay

Notes

The Washington State Department of Ecology filed a memorandum opposing the Airport Communities Coalition’s request for a Certificate of Appealability of the Pollution Control Hearings Board’s Stay Order regarding Ecology’s Section 401 Certification for the Third Runway Project. Ecology argues the Board cannot issue the certificate for two reasons: the Stay Order was not a ‘final decision’ under the Administrative Procedure Act, and under RCW 43.21B.320, only Thurston County Superior Court has jurisdiction to review the Stay Order. The memorandum cites case law and a prior PCHB proceeding where the Washington State Supreme Court denied direct review on similar grounds.

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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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