April 10, 2002August 2, 2026

EXH AR001905: Declaration of Rachael Paschal Osborn in Support of ACC’s Motion to Redact Pre-Filed Testimony of Paul Fendt

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Declaration by Rachael Paschal Osborn, attorney of record for Airport Communities Coalition (ACC), in PCHB No. 01-160, supporting ACC’s motion to redact pre-filed testimony of Paul Fendt. Filed with the Pollution Control Hearings Board for the State of Washington. Osborn describes cross-examining Fendt on March 27, 2002, requesting redaction of specific sentence and exhibit from the record, conferring with Port of Seattle counsel Gil Reavis and ALJ Eric Lucas, and the Port’s April 8, 2002 response via Stephen Tan claiming the material fell outside the Board’s order redacting material not produced prior to February 28, 2002. Respondents are State of Washington Department of Ecology and Port of Seattle; intervenor/appellant is Citizens Against Sea-Tac Expansion (CASE).

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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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