February 8, 2002August 2, 2026

Declaration of Michael Feldman supporting Port Of Seattle’s motion for partial summary judgment on SEPA issue

Notes

Michael Feldman, Director of Aviation Facilities and Environmental Programs at the Port of Seattle, declares facts supporting the Port’s motion for partial summary judgment in PCHB Case No. 01-160. The declaration summarizes the history of environmental review for the Seattle-Tacoma International Airport Master Plan Update, including the FEIS, SEIS, FAA Record of Decision, and subsequent appeals. Multiple courts and bodies, including the Ninth Circuit Court of Appeals and the Washington State Court of Appeals, upheld the adequacy of the environmental review documents.

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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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