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ACC (Airport Communities Coalition) reply brief filed with the Pollution Control Hearings Board (PCHB), Case Nos. 01-133 and 01-160, opposing Ecology and Port of Seattle objections to ACC’s motion to file an overlength reply brief. Concerns Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001, reissued September 21, 2001 as No. 1996-4-02325 (Amended-1). ACC argues that Ecology and Port of Seattle filed legal arguments in declarations by Kevin Fitzpatrick, Erik Stockdale, Paul Fendt, James Kelly, and C. Linn Gould totaling 56 pages of briefing and 210 pages of declarations with thousands of pages of attachments, including arguments regarding NPDES permit violations, WAC provisions, mixing zones, RCW 90.74 wetlands mitigation, and reasonable assurance for 401 certification. Attorneys from Helsell Fetterman LLP (Seattle) and Rachael Paschal Osborn (Spokane) represent ACC.

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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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