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The Port of Seattle moves the Pollution Control Hearings Board to compel the Airport Communities Coalition (ACC) to produce all documents responsive to the Port’s discovery requests and comply with subpoenas duces tecum issued to ACC’s expert witnesses. The Port argues that ACC has failed to produce any documents in the two months since discovery requests were propounded on November 9, 2001, despite negotiations over a stipulation regarding document production scope. The Port also seeks continuance of expert depositions pending document production and an order denying testimony from witnesses who have not complied with discovery obligations.

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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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