Notes

The Pollution Control Hearings Board (PCHB) submits this response to the Port of Seattle’s Motion to Set Aside Agency Action in Thurston County Superior Court. The brief addresses three matters: the PCHB’s compliance with procedural statute RCW 43.21B.320, the scope of judicial review under the APA, and jurisdictional questions raised by the Port. The PCHB explains its application of the stay standards, noting ACC demonstrated likelihood of success on the merits across three issues.

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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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