October 21, 2002August 2, 2026

EXH AR016567: Prefiled Testimony of Elizabeth M. Leavitt — PCHB No. 01-160, ACC and CASE v. Ecology and Port Of Seattle

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Prefiled direct testimony of Elizabeth M. Leavitt submitted in Pollution Control Hearings Board (PCHB) case No. 01-160, Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. Department of Ecology and Port Of Seattle. Testimony covers Port Of Seattle’s Aviation Environmental Program, Joint Aquatic Resources Permit (JARPA), 401 Certification, Section 404 projects, Master Plan Update projects, Gilliam Creek Watershed, wetlands impacts, Coastal Zone Management Act consistency, Endangered Species Act consultation, FWS Biological Opinion (ultra-clean fill layer), Phase I and Phase II Environmental Site Assessments, numeric fill criteria, SPLP testing, Synthetic Precipitation Leaching Procedure, drainage layer cover, embankment fill, interlocal agreement with Ecology, and monitoring requirements. Foster Pepper & Shefelman PLLC represented 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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