September 17, 2002August 2, 2026

Port Of Seattle’s application for direct review to Court of Appeals and request for certificate of appealability from Pollution Control Hearings Board

Notes

The Port of Seattle filed an application for direct review by the Washington Court of Appeals, Division One, of a Pollution Control Hearings Board order issued August 12, 2002, which affirmed a water quality 401 Certification issued by the Washington Department of Ecology for Master Plan Update projects at Sea-Tac Airport, including the Third Runway. The Port challenges sixteen new conditions added by the Board to the certification and requests the Board issue a Certificate of Appealability.

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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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