June 3, 2002August 2, 2026

EXH AR001008: Port Of Seattle’s Response to ACC’s Motion for Correction, Clarification and Reconsideration of Board’s Decision Publishing Portions of Depositions

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Port Of Seattle response filed in PCHB case No. 01-160 opposing ACC (Airport Communities Coalition) and Citizens Against Sea-Tac Expansion motion for correction, clarification, and reconsideration of the Pollution Control Hearings Board’s prior order publishing deposition portions of Ecology managers and CR 30(b)(6) designated witnesses (Erik Stockdale, Hellwig, Tom Luster). Port argues motion is untimely under WAC 371-08-550, CR 59(b), and Thurston County LCR 59(a)(2) (must be filed within 10 days of April 22, 2002 order), fails to demonstrate manifest error or new evidence, reargues previously rejected positions on undue political influence and relevance, and presents a distorted picture of evidence. Counsel: Foster Pepper & Shefelman PLLC.

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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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