January 17, 2002August 2, 2026

EXH AR004784: ACC Response to Port Of Seattle Motion to Compel Depositions and for Limitation on Entry onto Land

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ACC’s response filed with the Pollution Control Hearings Board (PCHB No. 01-160) opposing Port Of Seattle motions to compel depositions of ACC experts and limit site entry. ACC argues that Port Of Seattle has refused to grant CR 34(a)(2) site access requested November 26, 2001, despite ACC serving a routine request for entry to Port property on three dates between mid-December 2001 and mid-January 2002. Filed by Helsell Fetterman LLP and Rachael Paschal Osborn; respondents are State of Washington Department of Ecology and Port Of Seattle. Document references deposition notices and subpoenas duces tecum served December 10, 2001, and coordination issues with out-of-state experts.

Sidebar On/Off

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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