February 14, 2002August 2, 2026

PCHB Doc 3718: Pollution Control Hearings Board’s Response to Motion to Set Aside Agency Action (Port Of Seattle v. PCHB, ACC, Ecology)

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Pollution Control Hearings Board (PCHB) response filed in Thurston County Superior Court case No. 01-2-02386-9, Port Of Seattle v. State of Washington Pollution Control Hearings Board, Airport Communities Coalition, and State of Washington Department of Ecology. Filed February 14, 2002, hearing set February 22, 2002 before Judge Richard D. Hicks. Addresses Port Of Seattle’s Motion to Set Aside Agency Action regarding PCHB Order Granting Stay. Discusses PCHB’s quasi-judicial role under Administrative Procedures Act (APA), application of RCW 43.21B.320 and WAC 371-08-415 to ACC’s stay motion, prima facie standard for stays, likelihood of success on the merits, irreparable harm, substantial probability of success, and PCHB jurisdiction. Cites Kaiser Aluminum v. Labor and Industries (121 Wn.2d 776), Snohomish County v. State (69 Wn. App. 655). Administrative Record number AR 003718.

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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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