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Pre-Hearing Order in PCHB case 01-133, Airport Communities Coalition (ACC) v. State of Washington Department of Ecology and Port Of Seattle, filed August 23, 2001. ACC challenged the Section 401 certification issued by Ecology. Sets briefing schedule for stay motion: ACC motion due September 11, 2001; respondents’ briefs due September 28, 2001; ACC reply due October 5, 2001; oral argument scheduled October 12, 2001 at 10 a.m. in Lacey, Washington, with 40 minutes per side. Second pre-hearing conference scheduled October 15, 2001 at 11:00 a.m. Presiding officer Kaleen Cottingham. Counsel include Peter Eglick and Kevin Stock (Helsell Fetterman), Rachel Paschal Osborn, Joan Marchioro and Thomas Young (Attorney General’s Office), Linda Strout, Traci Goodwin, Roger Pearce, Steven Jones (Foster Pepper), Jay Manning and Gillis Reavis (Marten & Brown).

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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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