January 8, 2002August 2, 2026

PCHB Doc 01-160: Denial of Certificates of Appealability — ACC and CASE v. Ecology and Port Of Seattle

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Pollution Control Hearings Board (PCHB) case 01-160 denial of Certificates of Appealability filed by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) under RCW 34.05.518 and RCW 43.21B.320(5). ACC and CASE sought direct Court of Appeals review of Thurston County Superior Court petitions (Cause No. 02-2-00029-8 and Cause No. 01-2-02386-9) arising from the Board’s December 17, 2001 Stay Order. Board members Kaleen Cottingham and Robert V. Jensen determined the Board lacked authority to issue the certificates despite the matters meeting direct-review criteria. Port Of Seattle and Washington State Department of Ecology opposed the applications.

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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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