October 18, 2000August 2, 2026

Exhibit 87: Email from Tom Luster to Raymond Hellwig et al. Regarding Sea-Tac 401 Certification Issues

Notes

Email dated October 18, 2000 from Tom Luster (Ecology) to Raymond Hellwig, Paula Ehlers, Kevin Fitzpatrick, and Joan Marchioro (ATG) regarding Sea-Tac Airport Section 401 water quality certification requirements. Luster notes his minority opinion on what the Port of Seattle and Ecology must do to meet 401 requirements, and provides drafty notes from a prior discussion. Document references AR 017781 and includes handwritten annotations referencing Kevin Fitzpatrick, Tom Luster, Joan Marchioro, and a ‘Policy Decision’ note. Related to Clean Water Act Section 401 certification for Sea-Tac Airport expansion.

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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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