Notes

Appellants’ reply brief filed March 17, 2002 in PCHB No. 01-160 by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) via Helsell Fetterman LLP and Smith & Lowney PLLC, supporting their motion to strike the Port of Seattle’s pre-hearing brief. ACC argues the Port manipulated double-spacing in Microsoft Word to stuff additional lines per page, exceeding page limits set in the Pre-hearing Order. Document compares page 2 of Port’s Response to Motion to Strike with page 10 of Port’s Pre-hearing Brief (both prepared by Brown, Reavis and Manning), argues Port’s footnote defense is inapposite, notes ACC over-complied with margin requirements (1.5 inch top margin vs. 1 inch required), and rejects Port’s argument that Ecology’s 24-page brief offsets the Port’s over-length submission. 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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