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Motion to Intervene filed November 30, 2001 by Citizens Against Sea-Tac Expansion (CASE), represented by Richard A. Poulin of Smith & Lowney PLLC, in PCHB Case No. 01-160 before the Pollution Control Hearings Board for the State of Washington. The appeal is Airport Communities Coalition (ACC) v. Washington State Department of Ecology and Port Of Seattle. Motion is based on Civil Rule 24 and WAC 371-08-420(1), supported by Declaration of Brett Fish. Certificate of Service lists service on Joan M. Marchioro, Thomas J. Young (Assistant Attorneys General, Ecology Division), Linda J. Strout and Traci M. Goodwin (Port Of Seattle), Roger A. Pearce and Steven G. Jones (Foster Pepper & Shefelman), Jay J. Manning and Gillis E. Reavis (Marten & Brown LLP), Peter J. Eglick, Kevin L. Stock, and Michael P. Witek (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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