January 1, 2002August 2, 2026

PCHB Doc 002384: Order Granting Summary Judgment on Issue 14 — ACC and CASE v. Ecology and Port Of Seattle (PCHB 01-160)

Notes

Pollution Control Hearings Board (PCHB) case PCHB 01-160 order granting summary judgment in favor of Port Of Seattle on Issue 14 (SEPA compliance). ACC (Airport Communities Coalition) and CASE (Citizens Against Sea-Tac Expansion) appealed the §401 water quality certification issued by Ecology, a prerequisite for a §404 dredge and fill permit from the U.S. Army Corps of Engineers for Sea-Tac Airport master plan development including construction of the Third Runway. Board members Kaleen Cottingham and Robert V. Jensen reviewed filings. Background covers the 1996 Final Environmental Impact Statement (FEIS), May 1997 Supplemental EIS (SEIS), FAA adequacy determination upheld by the Ninth Circuit Court of Appeals, King County Superior Court, and Court of Appeals, plus January and May 2000 addenda addressing stormwater management, wetlands, fill sources, and the 67-acre Auburn wetland mitigation site.

Sidebar On/Off

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.

continue...

V V

Notes

Message