Notes

ACC (Airport Communities Coalition) motion for partial summary judgment filed in PCHB No. 01-160 against State of Washington Department of Ecology and Port of Seattle, arguing the Section 401 Certification should be invalidated because the Port lacks a water right to permanently mitigate low-flow impacts of the Sea-Tac Airport third runway project. Cites PCHB December 17, 2001 Order Granting Stay, which found the low flow augmentation plan requires a water right beyond stormwater management. Also references Army Corps of Engineers project manager Muffy Walker comment in Seattle Daily Journal of Commerce (December 20, 2001) that the 401 certification had not been voided. Attorneys Peter J. Eglick, Kevin L. Stock, Michael P. Witek (Helsell Fetterman LLP) and Rachael Paschal Osborn filed on behalf of appellant. Issue No. 9, Supplemental Stipulation Regarding Proposed Statement of Legal Issues, November 15, 2001.

Sidebar On/Off

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.

continue...

V V

Notes

Message