March 13, 2002August 2, 2026

Declaration of Rachael Paschal Osborn in support of appellants’ motion in limine to exclude testimony from Dave Garland

Notes

Declaration by attorney Rachael Paschal Osborn, representing the Airport Communities Coalition (ACC), in support of a motion in limine to exclude testimony from Dave Garland before the Pollution Control Hearings Board. The declaration lists exhibits including deposition transcripts, interrogatory responses, and correspondence related to the Section 401 Certification and CZMA concurrency statement issued by the Washington Department of Ecology for Sea-Tac Airport. Osborn states she received no written responses from opposing counsel Tom Young regarding the content of Garland’s testimony.

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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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