November 30, 2001August 2, 2026

PCHB Doc 01-160: Order Granting Intervention — CASE in ACC v. Ecology and Port Of Seattle (§ 401 Certification No. 1996-4-02325)

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Pollution Control Hearings Board (PCHB) Order Granting Intervention in case PCHB 01-160, allowing Citizens Against SeaTac Expansion (CASE) to intervene as appellant in the appeal filed by Airport Communities Coalition (ACC) challenging § 401 Certification No. 1996-4-02325 (amended-1) issued by Washington State Department of Ecology to the Port of Seattle on August 10, 2001 (re-issued September 21, 2001). CASE filed its motion to intervene on November 30, 2001. Intervention granted under WAC 371-08-420 and CR 24(b) with limitations: CASE may not raise new issues beyond those in the Second Pre-Hearing Order of November 26, 2001, must abide by existing Pre-Hearing Order and discovery schedules, and may not present additional witnesses or exhibits not already listed. Port of Seattle and Ecology concurred with proposed limitations. Also references NPDES permit appeal involving CASE before the PCHB.

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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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