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The Airport Communities Coalition (ACC) filed a reply memorandum before the Pollution Control Hearings Board supporting its motion for a stay of the Section 401 Clean Water Act certification issued to the Port of Seattle. ACC argues that the Port failed to meet its burden for 401 certification and that the determination must be based on environmental law and science rather than political considerations. ACC contends it has demonstrated both likelihood of success on the merits and irreparable harm, meeting the prima facie standard for a stay under WAC 371-08-415.

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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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