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The Pollution Control Hearings Board granted certificates of appealability to both the Port of Seattle and the Airport Communities Coalition/Citizens Against Sea-Tac Expansion, allowing direct review by the Court of Appeals. The Board found that judicial economy supported granting both requests, even though venue appeared to rest with King County Superior Court following a transfer from Thurston County. The decision was based on RCW 34.05.518, which allows direct appellate review when delay would be detrimental and fundamental statewide issues or significant precedential value are present.

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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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