October 23, 2002August 2, 2026

EXH AR044222: Court of Appeals Order Granting Motion for Reconsideration in Part and Amending Opinion — ACC et al. v. Port Of Seattle et al., No. 43100-5-I

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Washington Court of Appeals Division One order granting in part Port Of Seattle’s motion for reconsideration of the November 15, 1999 opinion in No. 43100-5-I. Parties include City of Des Moines, City of Burien, City of Federal Way, City of Normandy Park, City of Tukwila, Highline School District No. 401, Airport Communities Coalition (ACC) as appellants versus Puget Sound Regional Council, Port Of Seattle, Central Puget Sound Growth Management Hearings Board, and Hearing Examiner Greg Smith. The order amends the opinion to clarify that GMA and Department of Community, Trade and Economic Development regulations do not require Port Resolutions to comply with local comprehensive plans regardless of GMA compliance, corrects ‘county plan’ to ‘city plan’ for Des Moines, and addresses RCW 36.70A.200(2) essential public facility siting and SEPA environmental impact analysis beyond 2010.

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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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