February 20, 2002August 2, 2026

Declaration of Michael P. Witek in support of ACC’s response to Port motion for partial summary judgment on SEPA issue

Notes

Declaration by attorney Michael P. Witek on behalf of the Airport Communities Coalition in support of their response to the Port of Seattle’s motion for partial summary judgment on a SEPA issue. The case concerns a Section 401 Certification and CZMA concurrency statement related to construction of a Third Runway at Seattle-Tacoma International Airport. The declaration authenticates five exhibits including a Low Flow Analysis, SEPA Handbook excerpts, and deposition transcript.

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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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