September 12, 2002August 2, 2026

EXH AR000375: ACC and CASE Petition for Judicial Review of Final Order of Pollution Control Hearings Board

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ACC (Airport Communities Coalition, composed of Cities of Burien, Des Moines, Federal Way, Normandy Park, Tukwila, and Highline School District) and CASE (Citizens Against Sea-Tac Expansion) petition for judicial review filed in Thurston County Superior Court under Administrative Procedure Act Chapter 34.05 RCW. Challenges PCHB No. 01-160 final Order of August 12, 2002 (finalized September 6, 2002) conditionally affirming Washington State Department of Ecology’s Clean Water Act Section 401 water quality certification issued to Port Of Seattle for the Sea-Tac Airport Master Plan Update (MPU), including the proposed Third Runway. Petition argues no reasonable assurance of compliance with water quality standards and anti-degradation requirements; Third Runway would fill Miller Creek canyon with 20 million cubic yards of fill, impact 700+ acres, create 300+ acres of impervious surface, and destroy Class AA waters and wetlands surrounding Sea-Tac Airport.

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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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