March 7, 2002August 2, 2026

EXH AR003136: Declaration of Peter J. Eglick in Support of Opposition by ACC and CASE to Ecology’s Motion in Limine Re WAC 371-08-475(7)

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Declaration by Peter J. Eglick, attorney for Airport Communities Coalition (ACC), filed March 7, 2002 in PCHB Case No. 01-160 before the Pollution Control Hearings Board for the State of Washington. Filed in opposition to Department of Ecology’s Motion in Limine regarding WAC 371-08-475(7). Attaches Exhibit A (deposition transcript of Thomas Fitzsimmons, January 18, 2002, pp. 10-13, 50-53, 58-61) and Exhibit B (deposition transcript of Ray Hellwig, January 8, 2002, pp. 10-13). Intervenor is Citizens Against Sea-Tac Expansion (CASE); respondents are Department of Ecology and Port of Seattle. Filed 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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