Notes

Declaration by attorney Peter J. Eglick of Helsell Fetterman LLP on behalf of Airport Communities Coalition (ACC) in support of ACC’s motion for stay before the Pollution Control Hearings Board (PCHB), Case No. 01-133. Filed September 12, 2001, opposing Department of Ecology Water Quality Certification and CZMA concurrency statement (Order No. 1996-4-02325) issued August 10, 2001, related to construction of a Third Runway and related projects at Seattle-Tacoma International Airport. Lists exhibits including DOE Press Release, PUD No. 1 v. Washington Dept. of Ecology (511 US 700), Army Corps of Engineers permit application No. 1996-4-02325, Agreed Order No. 97TC-N122, Des Moines Creek Basin wetland impacts map, and correspondence between Port of Seattle and Ecology. Respondents are State of Washington Department of Ecology and Port of Seattle.

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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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