February 20, 2002August 2, 2026

EXH AR003649: Declaration of Michael P. Witek in Support of ACC’s Response to Port Motion for Partial Summary Judgment on SEPA Issue

Notes

Declaration by attorney Michael P. Witek (Helsell Fetterman LLP) on behalf of Airport Communities Coalition (ACC) filed February 20, 2002, before the Pollution Control Hearings Board (PCHB), Case No. 01-160, opposing Port Of Seattle’s motion for partial summary judgment on SEPA issue. Relates to Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001, for construction of a Third Runway at Seattle-Tacoma International Airport. Attaches Exhibits A–E: December 2001 Low Flow Analysis for the Third Runway; Ecology SEPA Handbook (1998 Ed.) Publication No. 98-114 (pp. 28, 54); Port of Seattle’s Notice of Appeal of Ecology’s 1998 Section 401 Certification and Coastal Zone Management Act Concurrence; SEPA determination of nonsignificance dated October 17, 2001 for TRACON facility; and deposition transcript of Tom Luster pp. 62–68. Intervenor/Appellant is Citizens Against Sea-Tac Expansion (CASE). AR 003649–003650.

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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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