March 4, 2002August 2, 2026

EXH AR003176: Letter from Helsell Fetterman to PCHB Re Chess Clock Format, PCHB No. 01-160 ACC v. Ecology and Port Of Seattle

Notes

Letter dated March 4, 2002 from Peter Eglick of Helsell Fetterman LLP to Presiding Officer Kaleen Cottingham of the Pollution Control Hearings Board (PCHB No. 01-160, ACC v. Dept. of Ecology and Port of Seattle) regarding use of a chess clock format during hearing proceedings. Letter argues for a per-side rather than per-party chess clock approach, citing Thurston County Superior Court Judge Richard D. Hicks in Case No. 01-2-02386-9 (Port of Seattle v. State Pollution Control Hearings). Enclosed is a Verbatim Report of Proceedings from February 22, 2001 in which Judge Hicks denied the Port’s Motion to Set Aside the Board’s Stay Order. AR 003176.

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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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