Notes

Department of Ecology response in opposition to Airport Communities Coalition (ACC) request to file an overlength reply brief in PCHB No. 01-133 and PCHB No. 01-160, filed October 9, 2001. Ecology, represented by Assistant Attorneys General Joan M. Marchioro (WSBA #19250) and Thomas J. Young (WSBA #17366), joins Port Of Seattle’s Motion to Strike ACC’s Overlength Brief. Ecology argues ACC created the cramped briefing schedule, was ordered at the September 17, 2001 prehearing conference to limit reply brief to 30 pages, and that directive was incorporated in the Agreement and Order Re Recission of 401 Certification entered September 20, 2001. The ACC’s reply brief contains only a handful of pages addressing the Amended 401 Certification despite ACC’s claim that new issues required the overlength filing.

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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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