March 14, 2002August 2, 2026

PCHB Doc 01-160: Proposed Order Granting ACC’s Motion In Limine To Exclude Testimony of Ecology’s Dave Garland

Notes

Proposed order in PCHB No. 01-160 granting Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) motion in limine to exclude testimony of Washington State Department of Ecology witness Dave Garland. Order bars Ecology from offering Dave Garland’s pre-filed testimony at hearing and precludes reliance on March 6, 2002 memoranda from Dave Garland to Ann Kenny regarding the December 2001 Low Flow Plan. Presented by Helsell Fetterman LLP (Peter Eglick, Kevin Stock, Michael Witek) and Rachael Paschal Osborn; approved as to form by Port Of Seattle counsel Linda Strout and Traci Goodwin, Foster Pepper & Shefelman (Roger Pearce, Steven Jones), Brown Reavis & Manning (Jay Manning, Gillis Reavis), and Assistant Attorneys General Joan Marchioro, Thomas Young, Jeffrey Kray for Ecology. Received by Environmental Hearings Office March 14, 2002. AR 002345–002347.

Sidebar On/Off

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.

continue...

V V

Notes

Message