February 8, 2002August 2, 2026

PCHB Doc 003773: Declaration of Michael Feldman Supporting Port Of Seattle’s Motion for Partial Summary Judgment on SEPA Issue

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Declaration of Michael Feldman, Director of Aviation Facilities and Environmental Programs at Port Of Seattle, filed in PCHB Case No. 01-160 (Airport Communities Coalition v. Department of Ecology and Port Of Seattle). Feldman attests to the history of environmental review for the Sea-Tac Airport Master Plan Update, including the 1996 FEIS, May 1997 SEIS, FAA Record of Decision dated July 3 1997, Ninth Circuit Court of Appeals upholding of the ROD, Port Hearing Examiner findings, King County Superior Court and Division One Court of Appeals affirmations of SEPA adequacy, and January 24 2000 SEPA Addendum addressing wetland impacts and temporary construction-only interchanges. Supports Port Of Seattle motion for partial summary judgment on SEPA issue. References Puget Sound Regional Council Flight Plan EIS, Port Resolution 3211, and Foster Pepper & Shefelman PLLC as Port counsel.

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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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