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Pollution Control Hearings Board (PCHB) Order in case PCHB No. 01-160, granting Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) motion in limine to exclude late-filed plans and reports submitted by respondents State of Washington Department of Ecology and Port Of Seattle. Excluded exhibits include Exhibit No. 1320 (Embankment Modeling Report), Exhibit No. 2055 (Supplemental Wetlands Technical Memorandum), and Exhibit Nos. 1026, 1300, 1303, 1310, 1311, 1312, 1314, 1315, 1319, 1321, 1322, 1323, 2051, 2056, and 2128. Order also strikes portions of pre-filed testimony relying on excluded exhibits. Presented by Helsell Fetterman LLP attorneys Peter J. Eglick, Kevin L. Stock, Michael P. Witek, and Rachael Paschal Osborn. Board members Kaleen Cottingham, Robert V. Jensen, and William Lynch. AR 002276.

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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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