Notes

Second Declaration of Steven G. Jones, attorney for Respondent Port Of Seattle, filed in PCHB No. 01-160 (Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle). Jones details ACC’s November 26, 2001 CR 34(a)(2) site visit request, the Port’s December 24, 2001 objections, negotiations with ACC counsel Michael Witek and Kevin Stock in December 2001 and January 2002, the January 4, 2002 telephone conference in which ACC asserted unfettered access to Port property without identifying sampling locations or methods, and the Port’s January 9, 2002 warning that ACC’s refusal to produce witnesses for deposition would violate the Board’s Prehearing Order. Exhibits A–F attached. Filed with the Pollution Control Hearings Board, State of Washington. Law firm: Foster Pepper & Shefelman PLLC.

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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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