September 17, 2002August 2, 2026

PCHB Doc 345: Port Of Seattle Application for Direct Review to Court of Appeals and Request for Certificate of Appealability from Pollution Control Hearings Board

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Port Of Seattle application filed in King County Superior Court (Case No. 02-2-25658-9SEA) before Judge Bruce Hilyer, seeking direct review by Washington Court of Appeals Division One of the Pollution Control Hearings Board (PCHB) August 12, 2002 Order affirming Ecology’s 401 Certification (Clean Water Act 33 U.S.C. § 1341) for the Sea-Tac Airport Master Plan Update (MPU) Third Runway project. The PCHB affirmed Ecology’s water quality certification but added sixteen new conditions challenged by the Port. Direct review authorized under RCW 34.05.518(3) and WAC 371-08-560. Respondents include ACC (Airport Communities Coalition) and CASE (Citizens Against Sea-Tac Expansion). References City of Des Moines v. Puget Sound Regional Council, 97 Wn. App. 920 (1999) and 108 Wn. App. 836 (1999); Army Corps of Engineers wetlands fill permit; Puget Sound Regional Council Regional Transportation Plan; Foster Pepper & Shefelman PLLC representing Port.

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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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