January 23, 2002August 2, 2026

PCHB Doc 4649: Ecology’s Memorandum Opposing ACC’s Application for Certificate of Appealability of the Board’s Order on Motion for Stay

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Washington State Department of Ecology memorandum opposing Airport Communities Coalition (ACC) application for Certificate of Appealability of the Pollution Control Hearings Board (PCHB) Stay Order in PCHB No. 01-160. Ecology argues the Board’s stay of the § 401 Certification for the Third Runway Project (Port of Seattle) is not a ‘final decision’ under RCW 34.05.518 and RCW 43.21B.320, and that Thurston County Superior Court — not the Court of Appeals — has sole jurisdiction for review. Cites Pub. Util. Dist. No. 1 of Pend Oreille Cy. v. Ecology PCHB No. 97-177, RCW 34.05.010(11)(a), and Washington Supreme Court precedents including Valley View Indus. Park v. City of Redmond and Bock v. State Bd. of Pilotage Comm’rs. Filed January 23, 2002; AR 004649.

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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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