October 22, 2002August 2, 2026

EXH AR1018: Port Of Seattle Port Submittals Binder — King County Superior Court Memorandum Ruling on RCW 47.80.23(2), City of Des Moines v. Puget Sound Regional Council

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Port of Seattle Port Submittals Binder (AR 035023), containing a King County Superior Court Memorandum Ruling on Application of RCW 47.80.23(2) in case No. 96-2-20357-2 KNT, City of Des Moines et al. (plaintiffs) v. The Puget Sound Regional Council et al. (defendants). The ruling addresses obligations of a regional body (PSRC) when approving a major transportation project conflicting with comprehensive plans of surrounding communities; discusses Resolution A-96-02, Growth Management Act (GMA), RCW 47.80.010, RCW 36.70A.200, and regional transportation planning coordination. Seattle-Tacoma International Airport, P.O. Box 68727, Seattle WA 98168.

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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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