September 16, 2002August 2, 2026

EXH AR000355: Declaration of Roger Pearce Supporting Port Of Seattle’s Application for Direct Review and Request for Certificate of Appealability

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Declaration by Roger A. Pearce, attorney at Foster Pepper & Shefelman PLLC, supporting Port Of Seattle’s application for direct review and request for certificate of appealability in King County Superior Court Case No. 02-2-25658-9 SEA before Hon. Bruce Hilyer. Filed against the Pollution Control Hearings Board (PCHB), Airport Communities Coalition (ACC), Citizens Against Sea-Tac Expansion (CASE), and State of Washington Department of Ecology. Attaches Exhibit A (Declaration of Gina Marie Lindsay, Director of Seattle-Tacoma International Airport, from the underlying PCHB quasi-judicial administrative proceeding) and Exhibit B (Partial Verbatim Report of Proceedings before Hon. Richard S. Hicks, Thurston County Case No. 01-2-02386-9). Executed September 16, 2002; received by Environmental Hearings Office September 17, 2002. AR 000355–000357.

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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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