September 12, 2002August 2, 2026

PCHB Doc 402: ACC and CASE Application for Direct Review and Certificate of Appealability of PCHB’s Final Order

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Filed September 12, 2002 in Superior Court of Washington for Thurston County, this is ACC (Airport Communities Coalition) and CASE (Citizens Against Sea-Tac Expansion) application for direct review by Washington Court of Appeals Division II of the Pollution Control Hearings Board (PCHB) Final Order (PCHB No. 01-160) issued August 12, 2002, in Airport Communities Coalition et al. v. State of Washington et al. Requests PCHB issue a Certificate of Appealability under RCW 34.05.518(3)(b), citing fundamental and urgent statewide/regional issues, significant precedential value, and detriment to ACC, CASE, and the public interest from delay. Respondents include Port Of Seattle and State of Washington Department of Ecology. ACC member cities include Burien, Des Moines, Federal Way, Normandy Park, Tukwila, and the Highline School District. Cites RCW 34.05.518, WAC 371-08-560, RCW 43.21B.005.

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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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