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Internal deliberative email chain dated September 27, 2000, among Washington State Department of Ecology staff Tom Luster, Raymond Hellwig, Kevin Fitzpatrick, Joan Marchioro (ATG), and Erik Stockdale, marked Attorney Client Privileged. Discusses draft denial letter and withdrawal letter related to the Dinsmore 401 water quality certification review for a Port Of Seattle project (Sea-Tac Airport). Tom Luster raises concerns that the draft letter inappropriately limits the scope of Ecology’s 401 review, objects to an artificial sixty-day review period, and proposes conditions including deferring the full issues list until after public comment, defining clock start/stop rules for document submittals, and establishing a 30-day blackout period. AR018454–AR018456, Exhibit 184.

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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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