January 11, 2002August 2, 2026

EXH AR005408: Port Of Seattle’s Motion to Compel Production of Documents and Response to Subpoenas Duces Tecum — PCHB No. 01-160

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Port Of Seattle motion filed January 11, 2002 in PCHB No. 01-160 before the Pollution Control Hearings Board, State of Washington, seeking to compel Airport Communities Coalition (ACC) to produce all documents responsive to the Port’s Requests for Production propounded November 9, 2001. ACC refused to produce any documents in response to Request for Production No. 2, citing public domain status. Port seeks order compelling document production, continuing depositions of ACC expert witnesses, and denying testimony from witnesses who have not produced documents or been made available for deposition. Counsel involved: Steven G. Jones, Roger Pearce, Gillis Reavis (Port); Michael Witek, Kevin Stock (ACC). Foster Pepper & Shefelman PLLC represents the Port.

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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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