January 22, 2002August 2, 2026

PCHB Doc 004708: Second Declaration of Michael P. Witek in Support of ACC’s Motion for Summary Judgment

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Second Declaration of Michael P. Witek, attorney for Airport Communities Coalition (ACC), filed January 22, 2002, before the Pollution Control Hearings Board (PCHB), Case No. 01-160. Supports ACC’s Motion for Summary Judgment challenging Section 401 Water Quality Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001, by Washington State Department of Ecology related to construction of a Third Runway at Seattle-Tacoma International Airport. Attaches Exhibits A–G including deposition of Ray Hellwig (January 8, 2002), deposition of Edward O’Brien (December 21, 2001), Declaration of Ann Kenny (October 1, 2001), Port of Seattle Application for Change/Transfer of Water Right (June 22, 2000), King County Department of Natural Resources review comments on Low Flow Impact Analysis, and Wallula Power Project EFSEC Application. Filed by Helsell Fetterman LLP and Rachael Paschal Osborn.

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.

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