March 18, 2002August 2, 2026

PCHB Doc 002187: ACC v. Ecology and Port Of Seattle — Appellants’ Reply on Motion in Limine to Exclude Late-Produced Plans and Reports

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ACC’s reply brief in PCHB No. 01-160 supporting motion in limine to exclude plans and reports produced after February 1, 2002, cutoff date set in the October 30, 2001 Pre-Hearing Order. Arguments center on the plain language of the Pre-Hearing Order prohibiting Ecology and Port Of Seattle from relying on any plan or report prepared after February 1, 2002, even if listed on the November 15, 2001 required list. Specifically targets Ecology proposed Exhibit No. 1320, the S.S. Papodopolous ‘Seattle-Tacoma International Airport Third Runway Embankment Fill Water-Quality and Transport Analysis’ dated February 15, 2002, produced two weeks after the cutoff. Cites Battle Mountain Gold PCHB Nos. 97-146, 97-182, 97-183, 97-186, 99-019 as precedent for cutoff enforcement. Filed by Helsell Fetterman on behalf of Airport Communities Coalition.

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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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