January 16, 2002August 2, 2026

EXH AR005036: ACC/CASE Application for Direct Review of PCHB Order Granting Stay of Section 401 Certification

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ACC (Airport Communities Coalition) and CASE (Citizens Against Sea-Tac Expansion) application filed in Thurston County Superior Court (Case No. 01-2-02386-9) for direct review by Washington Court of Appeals, Division II, of the Pollution Control Hearings Board (PCHB No. 01-160) ‘Order Granting Motion to Stay the Effectiveness of Section 401 Certification’ issued December 17, 2001. Also requests PCHB Certificate of Appealability pursuant to RCW 34.05.518(3)(b). Port of Seattle appealed the Stay Order December 31, 2001. Cites RCW 43.21B.320(5), RCW 34.05.550, RCW 34.05.570(3), WAC 371-08-415(6), and State Dept. of Ecology v. City of Kirkland, 84 Wn.2d 25 (1974) regarding finality of administrative decisions under the APA.

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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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