September 6, 2002August 2, 2026

PCHB Doc 561: Port Of Seattle’s Petition for Judicial Review of Final Order of Pollution Control Hearings Board

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Port Of Seattle petition for judicial review filed in King County Superior Court (case no. 02-2-25658-9SEA) under RCW 34.05 (Administrative Procedure Act), challenging the August 12, 2002 final order of the Pollution Control Hearings Board (PCHB Case No. 01-160) regarding the 401 Certification issued by Washington Department of Ecology on September 21, 2001 for the Sea-Tac Airport Master Plan Update (MPU), including the Third Runway (8,500-foot parallel air-carrier runway). The petition challenges 16 conditions added by the PCHB as contrary to law, unsupported by substantial evidence, exceeding Board authority, and arbitrary and capricious. Respondents include Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE). The 401 Certification under 33 U.S.C. § 1341 (Clean Water Act) was required for the U.S. Army Corps of Engineers §404 permit for filling wetlands. Foster Pepper & Shefelman PLLC represents Port Of Seattle.

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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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