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Airport Communities Coalition (ACC), represented by Helsell Fetterman LLP, files notice withdrawing Issue No. 20 from PCHB No. 01-160, which asked whether §401 and applicable water quality law would be violated if the Certification does not address water quality impacts to Gilliam Creek. Respondents are State of Washington Department of Ecology and Port Of Seattle. Certificate of Service dated May 7, 2002 confirms service on Assistant Attorneys General (Joan Marchioro, Thomas Young, Jeff Kray) at Ecology Division P.O. Box 40117 Olympia, and Port of Seattle Legal Dept. (Linda Strout, Traci Goodwin), as well as Brown Reavis & Manning and Foster Pepper & Shefelman. Attorneys for ACC include Peter Eglick WSBA #8809, Kevin L. Stock WSBA #14541, Michael P. Witek WSBA #26598, Rachael Paschal Osborn WSBA #21618.

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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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