February 6, 2002August 2, 2026

PCHB Doc 01-160: Denial of Summary Judgment — ACC v. Ecology and Port Of Seattle (Water Right for Third Runway §401 Certification)

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Pollution Control Hearings Board (PCHB) case 01-160 denial of summary judgment filed by Airport Communities Coalition (ACC) against Washington State Department of Ecology and Port Of Seattle. ACC sought a ruling that Ecology’s §401 certification lacked reasonable assurance that Port Of Seattle had legal means to permanently mitigate low stream flow impacts of the Third Runway expansion, specifically stipulated issue 9(a) regarding whether a water right is required. Board members Kaleen Cottingham and Robert V. Jensen reached contrary positions; split decision under RCW 43.21B.090 and RCW 43.21B.100 results in denial of summary judgment. Citizens Against Sea-Tac Expansion (CASE) participated as intervenor. Citing Department of Ecology v. City of Kirkland, 84 Wn.2d 25 (1974). Conclusions of Law on issue 9(a) to be incorporated into Final Findings of Fact following hearing on merits.

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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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