Notes

Port Of Seattle motion to dismiss under Civil Rule 12(b)(6) filed in Thurston County Superior Court (Case No. 02-2-00029-8) against petitioners Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE). Seeks dismissal of ACC/CASE petition for review of Pollution Control Hearings Board (PCHB) orders related to the Section 401 Water Quality Certification issued by Washington Department of Ecology on August 10, 2001, for the Sea-Tac Airport third runway. Covers PCHB Order Granting Stay of the 401 Certification (December 17, 2001), Order on Motion to Reconsider Motion to Strike (November 26, 2001), and Order on Motion to Supplement the Record (December 17, 2001). Argues no basis exists for relief sought. Related Port petition pending as Thurston County Superior Court Cause No. 01-2-02386-9. AR 005050.

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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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