March 19, 2002August 2, 2026

PCHB 01-160: Order Granting ACC’s Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses

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Pollution Control Hearings Board (PCHB) case 01-160 order dated March 19, 2002, granting Airport Communities Coalition (ACC) motion to publish depositions of Washington State Department of Ecology managers and CR 30(b)(6) designated witnesses. Presiding officer Kaleen Cottingham ruled depositions of Tom Fitzsimmons, Gordon White, and Ray Hellwig conditionally admitted under Rule 32(a)(2); depositions of Ann Kenny, Erik Stockdale, John Drabek, Kevin Fitzpatrick, and Peter Kmet conditionally admitted under Rule 30(b)(6) for specifically designated matters only. Parties represented include Kevin Stock and Michael Witek (ACC), Rick Poulin (CASE), Gillis Reavis (Port of Seattle), and Jeff Kray (Ecology). Conditions imposed cover admissibility statements, highlighting/excerpting, counter provisions per CR 32(a)(4), objections, and timing requirements.

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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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