Notes

Opposition brief filed March 7, 2002, by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) to the Department of Ecology’s motion in limine in PCHB No. 01-160, arguing that WAC 371-08-475(7) (Former Employee as Expert Witness) does not bar testimony by Thomas R. Luster. ACC argues Luster was reassigned from the Port of Seattle Third Runway 401 Certification review in October 2000, prior to submission of the new application approved in September 2001, and thus had no active part in the relevant investigation. Brief further argues Luster is not an expert witness ‘on behalf of’ ACC as he has no contractual arrangement, receives no compensation, and cites deposition testimony of Ecology Director Tom Fitzsimmons and Northwest Regional Director Ray Hellwig. Filed with Pollution Control Hearings Board, State of Washington, by Helsell Fetterman LLP and Rachael Paschal Osborn.

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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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