January 4, 2002August 2, 2026

ACC’s motion and memorandum for summary judgment regarding the absence of a water right for Third Runway § 401 certification

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The Airport Communities Coalition (ACC) moves for summary judgment before the Pollution Control Hearings Board, arguing that the Department of Ecology’s Section 401 Certification for the Port of Seattle’s Third Runway Project is invalid because the Port lacks a water right to permanently mitigate low flow impacts on Des Moines, Miller, and Walker Creeks. ACC contends that the Port’s stormwater capture and use plan requires a water right, and without one, Ecology lacked reasonable assurance that water quality standards would not be violated. The motion seeks invalidation of the 401 Certification on this legal ground.

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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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