February 20, 2002August 2, 2026

EXH AR003636: ACC and CASE’s Response to Port Of Seattle’s Motion for Partial Summary Judgment Re: SEPA

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ACC (Airport Communities Coalition) and CASE response filed with the Pollution Control Hearings Board (PCHB No. 01-160) opposing Port Of Seattle’s motion for partial summary judgment on SEPA issues. Argues Ecology’s CZMA certification concurrence failed to properly assess SEPA compliance given significant new plans including the Natural Resources Mitigation Plan (November 2001), Comprehensive Stormwater Management Plan (December 2000), and Low Streamflow Analysis and Summer Low Flow Impact Offset Facility Proposal (December 2001). Contends no SEPA review conducted on these updated proposals, including stormwater vault system to augment summer low flows raising temperature, pollution, and efficacy concerns. Cites WAC 197-11-305(b), WAC 197-11-835(3), Clean Water Act §401, CZMA, FEIS Chapter IV §10, SEIS (1997). Filed by Helsell Fetterman.

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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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