September 18, 2002August 2, 2026

PCHB Doc 181: Ecology Petition for Review of Agency Action — State of Washington, Dep’t of Ecology v. Pollution Control Hearings Board, et al.

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Department of Ecology (Ecology) petition for review of agency action filed in Thurston County Superior Court (Case No. 02-2-01595-3) on September 18, 2002, against the Pollution Control Hearings Board (PCHB), Airport Communities Coalition (ACC), and Citizens Against Sea-Tac Expansion (CASE), with Port Of Seattle as respondent below. Ecology challenges a PCHB decision involving a Clean Water Act Section 401 Certification and the Water Pollution Control Act (ch. 90.48 RCW). Filed by Assistant Attorneys General Joan M. Marchioro, Thomas J. Young, and Jeff B. Kray, Ecology Division, pursuant to RCW 34.05.546. Filing fee $110.00; clerk Betty J. Gould, Thurston County Superior Court.

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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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