March 15, 2002August 2, 2026

PCHB 01-160: Port Of Seattle’s Response to ACC and CASE Motion in Limine to Exclude ‘Late-Produced’ Plans and Reports

Notes

Port Of Seattle’s response brief filed in PCHB case 01-160 opposing ACC and CASE motion in limine to exclude 17 exhibits as ‘late-produced.’ Port argues the Board’s October 30, 2001 prehearing order deadlines (November 15, 2001 identification, February 1, 2002 completion) apply only to plans and reports prepared ‘pursuant to the §401 Certification,’ not all documents. Documents at issue include figures, analytical data compilations, a memorandum, and an interlocal agreement between Port Of Seattle and Ecology. References prehearing conference transcript of October 15, 2001 and Foster Pepper & Shefelman PLLC as Port’s counsel. Pollution Control Hearings Board, State of Washington.

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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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