Notes

Declaration by attorney Michael P. Witek of Helsell Fetterman LLP, filed January 4, 2002, before the Washington Pollution Control Hearings Board (PCHB Case No. 01-160) in support of ACC’s Motion for Summary Judgment. Concerns Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001, related to construction of a Third Runway and related projects at Seattle-Tacoma International Airport. Attaches Exhibit A (Declaration of William A. Rozeboom), Exhibit B (Declaration of Dr. John Strand), and Exhibit C (Declaration of Dr. Peter Willing), all previously filed September 12, 2001 in support of ACC’s Motion for Stay. Parties include Airport Communities Coalition (ACC), Citizens Against Sea-Tac Expansion (CASE), State of Washington Department of Ecology, and 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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