March 5, 2002August 2, 2026

EXH AR003187: Port Of Seattle Joinder in Department of Ecology’s Motion in Limine Re: WAC 371-08-475 (PCHB No. 01-160)

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Port Of Seattle joinder filed March 5, 2002 in PCHB No. 01-160 supporting Department of Ecology’s motion in limine to exclude testimony of Thomas R. Luster pursuant to WAC 371-08-475(7). Argues that ER 701 prohibits lay witness opinion testimony and that WAC 371-08-475(7) precludes Luster from serving as an expert, requesting exclusion of all opinion testimony in its entirety or resubmission without opinion testimony. Appellants are Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE). Filed by Gillis E. Reavis, WSBA #21451, Brown Reavis & Manning PLLC, attorneys for Port Of Seattle. Administrative record pages AR 003187–AR 003189.

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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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