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King County Superior Court Memorandum Ruling by Judge Robert H. Alsdorf on Application of WAC Chapter 365-195 (Procedural Criteria for Adopting Comprehensive Plans and Development Regulations) in consolidated cases No. 96-2-20357-2 KNT, No. 97-2-13908-2 KNT, No. 97-2-22276-1 KNT, No. 98-2-04911-1 KNT. City of Des Moines, Airport Communities Coalition, and other plaintiff-petitioners argued against the Port Of Seattle and Puget Sound Regional Council, contending WAC Ch. 365-195 required the Port to develop plans for Seattle-Tacoma International Airport (STIA) in compliance with neighboring cities’ comprehensive plans and development regulations under the Growth Management Act (GMA), RCW 47.80.023, RCW 36.70A.040. The Court found the regulations are advisory only, establish no requirements for the Port, and WAC Section 770(2) cannot subject the Port to the GMA beyond what is statutorily required.

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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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