March 18, 2002August 2, 2026

PCHB Doc 01-160: ACC and CASE v. Ecology and Port Of Seattle — Findings of Fact, Conclusions of Law, and Order

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Pollution Control Hearings Board (PCHB) case 01-160, Findings of Fact, Conclusions of Law, and Order. Airport Communities Coalition (ACC) and Citizens Against Airport Expansion (CASE) challenge the Port Of Seattle’s Section 401 Water Quality Certification issued September 21, 2001, by Washington State Department of Ecology for construction of the Third Runway and related projects at Seattle-Tacoma International Airport. Hearing held March 18-29, 2002 before board members Kaleen Cottingham, Robert V. Jensen, and William H. Lynch. Twenty issues addressed including Clean Water Act §401, stormwater, NPDES, dam safety regulations (WAC 173-175), reasonable assurance standard, and geographic/temporal scope of certification. Counsel included Peter Eglick and Rachael Paschal Osborn for ACC; Richard Poulin for CASE; Joan Marchioro and Jeff Kray (AAG) for Ecology; Jay Manning and Roger Pearce for Port Of Seattle.

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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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