November 24, 1998August 2, 2026

EXH AR041830: City of Normandy Park et al. v. Port Of Seattle and Federal Aviation Administration, 165 F.3d 35 (9th Cir. 1998)

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Unpublished Ninth Circuit Court of Appeals memorandum opinion, 165 F.3d 35 (1998 WL 833628), affirming the FAA Administrator’s approval of the Master Plan development project for Sea-Tac Airport expansion. Petitioners — City of Normandy Park, City of Des Moines, City of Burien, City of Federal Way, City of Tukwila, and Highline School District No. 401 collectively as the Airport Communities Coalition (ACC) — challenged the FAA’s reliance on a ‘no growth’ demand model and a limited prediction forecast to year 2010, the consistency requirement under AAIA 49 U.S.C. 47106(a)(1) and 47106(c)(1)(C), and the Clean Air Act 42 U.S.C. 7506(c) conformity analysis. Court found FAA’s decision supported by substantial evidence; Puget Sound Regional Council approval satisfied consistency requirement; air emissions found ‘de minimis’ under 40 C.F.R. 93.153(c)(1). Judges Canby, Hawkins, and District Judge Silver presiding.

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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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