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Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) file a Notice of Supplemental Authority in PCHB Case No. 01-160 before the Washington Pollution Control Hearings Board, citing two Washington State Supreme Court decisions issued July 18, 2002: Public Utility District No. 1 of Pend Oreille County v. Washington Department of Ecology (Docket No. 70372-8, 2002 Wash. Lexis 473) and Hubbard v. County of Spokane (Docket No. 70975-1, 2002 Wash. Lexis 470). Cases cited for Issues VI.E.1.e/g/h/i/j, IV.E.3, IV.E.4.a, IV.E.5.b, IV.E.7, IV.E.8 regarding Section 401 Clean Water Act certification authority, state water quality standards enforcement, effluent limits, and government officials’ public interest obligations. Filed by Helsell Fetterman LLP attorneys Peter Eglick, Kevin Stock, Michael Witek, and Rachael Paschal Osborn. Respondents are Washington Department of Ecology and Port Of Seattle.

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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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