March 21, 2002August 2, 2026

PCHB Doc 002063: Order Granting In-Part ACC’s Motion In Limine to Exclude the Testimony of Dave Garland

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Pollution Control Hearings Board (PCHB) order in case PCHB 01-160, issued March 21, 2002, presided by Kaleen Cottingham. ACC (Airport Communities Coalition) moved to exclude testimony of Dave Garland (Washington State Department of Ecology) regarding his March 6, 2002 report on the December 2001 low flow plan related to §401 certification. Board found Ecology violated CR 26(e)(1)(B) discovery rules by failing to supplement interrogatory responses and failing to respond to ACC’s March 4, 2002 deposition request. Remedy was exclusion of Garland’s testimony on analysis, findings, or conclusions from his review of the December 2001 low flow plan. Intervenor Citizens Against Sea-Tac Expansion (CASE) also party. Port of Seattle named as respondent alongside Ecology.

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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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