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CASE (Citizens Against Sea-Tac Expansion) response brief filed January 16, 2002 in PCHB No. 01-160, concurring with ACC’s (Airport Communities Coalition) Motion for Summary Judgment regarding the absence of a water right for the Third Runway Section 401 Certification. The brief argues Port Of Seattle must obtain a water right to implement low streamflow conditions, describing the Port’s proposal to collect stormwater in underground vaults beginning January, store it, and release it into Walker Creek and Des Moines Creek from late July through November to offset summer low-streamflow impacts. Argues Ecology cannot certify reasonable assurance of compliance with Clean Water Act §401 and Washington water quality standards without such a water right. Filed by Smith & Lowney P.L.L.C., Seattle, WA.

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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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