October 8, 2001August 2, 2026

PCHB Doc 7332: Stipulation and Order — ACC v. Ecology and Port Of Seattle, Clean Water Act Section 401 Certifications #1996-4-02325 and #1996-4-02325 (Amended-1)

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Stipulation and Order filed October 8, 2001 before the Washington State Pollution Control Hearings Board (PCHB) in Case Nos. 01-133, 01-150, and 01-160. Airport Communities Coalition (ACC) appealed Clean Water Act Section 401 Certifications issued by the Washington State Department of Ecology under Order Numbers 1996-4-02325 (August 10, 2001) and amended 1996-4-02325 (Amended-1, September 21, 2001). Port Of Seattle filed a separate appeal (PCHB No. 01-150). Parties jointly stipulate to transfer all pleadings and documents from PCHB Nos. 01-133 and 01-150 to PCHB No. 01-160, and request dismissal of PCHB Case Nos. 01-150 and 01-133. Signed by counsel from Helsell Fetterman LLP, Foster Pepper & Shefelman PLLC, Marten Brown Inc., and Christine O. Gregoire (Attorney General, Attorneys for Department of Ecology). AR 007332.

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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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