January 22, 2002August 2, 2026

PCHB Doc 01-160: Discovery Order and Modification of Pre-Hearing Deadlines — ACC v. Ecology and Port Of Seattle

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Pollution Control Hearings Board (PCHB) case 01-160 discovery order dated January 22, 2002, resolving four motions: ACC’s motion to compel inspection of Port Of Seattle airport property, ACC’s motion to extend discovery schedule, Port Of Seattle’s motion to compel depositions and limit entry onto land, and Port Of Seattle’s motion to compel production of documents and response to subpoena duces tecum. Board ordered a limited site visit restricted to areas outside secured airfield zones, covering wetland complexes and streams in the Miller, Walker, and Des Moines Creek Watersheds within the Master Plan Area. Security restrictions imposed following September 11th events. Attorneys Richard Poulin (CASE), Tom Young (Ecology), Kevin Stock, Michael Witek, Rachel Paschal Osborn (ACC), Roger Pearce and Gil Reavis (Port Of Seattle) participated. Kaleen Cottingham presided.

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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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