October 10, 2001August 2, 2026

EXH AR006410: Declaration of Andrea Grad in Support of ACC’s Opposition to Ecology’s Motion to Strike Attorney-Client Privileged Documents

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Declaration by Andrea Grad, paralegal at Helsell Fetterman LLP, filed in PCHB Case Nos. 01-133 and 01-160 before the Pollution Control Hearings Board for the State of Washington. Grad attests to her role submitting public disclosure requests to the Washington State Department of Ecology (Northwest Regional Office, Ann Kenny, Sally Perkins) regarding Port of Seattle’s third runway applications. Declaration addresses the release of Ray Hellwig’s April 3, 2001 notes labeled ‘Deliberative,’ Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001 and reissued September 21, 2001. Grad states that on August 10, 2001, she requested all previously withheld deliberative documents following Ecology’s 401 decision issuance, and that Ecology released an unredacted copy of the Hellwig notes in response. Challenges completeness of Ray Hellwig’s Declaration in Support of Motion to Strike filed by Ecology.

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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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