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The Washington State Department of Ecology submits this memorandum in support of the Port of Seattle’s motion for partial summary judgment on the question of SEPA compliance in PCHB No. 01-160. Ecology argues that both the Port and Ecology complied with SEPA requirements, including completion of an EIS, SEIS, and addenda addressing newly discovered wetland information. The memorandum contends that claims relating to previously litigated environmental documents are barred by collateral estoppel, and that claims regarding the decision not to issue an additional SEIS are time-barred or brought in the wrong forum.

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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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