February 6, 2002August 2, 2026

Denial of summary judgment – Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle (PCHB 01-160)

Notes

The Pollution Control Hearings Board denied a motion for summary judgment filed by the Airport Communities Coalition (ACC) regarding whether the Port of Seattle was required to obtain a water right to implement low stream flow conditions in its §401 certification for the Third Runway expansion. The two-member Board reached contrary positions on the motion, resulting in a denial of summary judgment, with the issue to be resolved in subsequent final findings of fact and conclusions 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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