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Reply brief filed January 18, 2002 by Airport Communities Coalition (ACC) in PCHB No. 01-160 (ACC v. Department of Ecology et al.) before the Pollution Control Hearings Board, State of Washington. ACC argues in support of its motion to compel inspection of Port Of Seattle property under CR 34, seeking access to inspect, test, and sample project area wetlands, surface waters, and soils. ACC cites deposition testimony of Ecology’s Ms. Kenny, Ray Hellwig, Kevin Fitzpatrick, and Gordon White regarding unrestricted prior access granted to Ecology staff and Port consultants. ACC challenges the Port’s January 16, 2002 site visit offer as insufficient, objecting to required sampling protocols, a strict inspection route, and a hold harmless agreement not previously required of others. Filed by Helsell Fetterman LLP (Peter J. Eglick, Kevin L. Stock, Michael P. Witek) 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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