January 17, 2002August 2, 2026

EXH AR004794: ACC’s Response to Motion to Compel Production of Documents and Response to Subpoenas Duces Tecum

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ACC (Airport Communities Coalition) response filed with the Pollution Control Hearings Board (PCHB No. 01-160) opposing Port Of Seattle’s motion to compel production of documents and challenging subpoenas duces tecum served December 10, 2001. ACC argues Port’s discovery requests under CR 26 are overbroad and unduly burdensome, including Request for Production No. 3 demanding ‘all documents relating to the 401 certification or the Third Runway Project’ and Request No. 6 seeking media communications. Document references RCW 42.17.250 (Public Disclosure Act), work product doctrine, 401 Certification, Ecology, and Port Master Plan Update. Filed by 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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