EXH1112041830

PCHBPollution Control Hearings Board of the State of Washington

NOTICE: THIS ISAN UNPUBLISHED approvalof the MasterPlan developmentpro_ect OPINION. adopted by the Port of Seattle for the expansion the Seattle-Tacoma lnternauonal Airport ('Sea- (The Court's decision is referenced m a "Table of Tac'). We affirm. Decisions Without Reported Opinions" appearing in the Federal Reporter. Use FI CTA9 Rule 36-3 for The Cities argue that the Admimstrator's decision rules regardingthe citationof unpublished improperlyreliedon a "no growth"demand model opinions.) and a limitedpredictionforecasttherebytailingto accuratelyassess the project'senvtromnental United States Court of Appeals, impactsand necessary mitigation measures. Under Ninth Circmt. the Airport and Airway Improvement Act ('AA1A'), 49 U..¢ 47106tc)(1)(C), an Administrator may approve an an'port development CITY OF NORMANDY PARK; City of Des project that is found to have significant Moines; City of Burien; City of Federal Way; environmental effects "only after t'mding that ... City of Tukwila; lqJ_hline School District, No. every reachable step has been taken to mintmo.e 401, individually and the adverse effects." Here, the Administrator's collectively as theAirportCommunities lengthy decision indicates a careful review of the Coalition; Petitioners, project's potential environmental trnpacts, a host of v. mitigation measures and the entire administrative PORT OFSEATrLE, a Washingtonmmticipal record. Moreover, it was within the agency's corporation, Intervenor-Respondent, discretion to select a testing method for determthmg v, airport deman, & 5ealtle Comm. Council FEDERAL AVIATION ADMINISTRATION; Federation v. Federal Aviation Admit 961 F.2d U.S. Department of Transportatian, 829. 833-34 (9th Cir. 1991). Because intervening Respondents. circumstancescalledmid questionthe2020model's accuracy,theAdministratorwas alsoentitledtorely No. 97-70953. on a predictionforecasttotheyear20D SetOr)., Argued and Submitted Nov. 6, 1998. of Los…
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