Notes

Reply brief filed by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) with the Pollution Control Hearings Board (PCHB), PCHB No. 01-160, in support of their Request for Certificate of Appealability and Application for Direct Review by the Court of Appeals. Filed January 30, 2002. Argues under RCW 34.05.518(3)(b) that detrimental delay, fundamental state-wide or regional urgency, and significant precedential value justify direct appellate review of the PCHB December 17 Stay Order. Responds to opposition from Port Of Seattle and Ecology (State of Washington Department of Ecology) who argued the Stay Order was not a ‘final decision,’ that ACC lacked standing as non-aggrieved party, and that jurisdiction must first vest in Thurston County Superior Court. Also references RCW 43.21B.320, Cause Nos. 01-2-02386-9 and 02-2-00029-8, and law firms 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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