January 29, 2002August 2, 2026

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

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Airport Communities Coalition (ACC) submits a reply brief supporting its motion for summary judgment regarding the absence of a water right for the Third Runway Section 401 Water Quality Certification. The brief argues that the Port of Seattle’s Low Flow Mitigation Plan, which proposes capturing stormwater to offset stream flow impacts in Des Moines and Walker Creeks, requires a water right that has not been obtained. ACC contends there are no genuine issues of material fact and the matter should be resolved as a question of law.

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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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