Over 150 area residents turned out Sunday to hear lawyers discuss an upcoming class action lawsuit against the Port of Seattle over the third runway.

by Jack Mayne

Big 757s taking off and landing right over your house can jar nerves and rattle lifestyles, yet a lot of people have to live that way every day – and many are ready to fight on in court.

“I can’t sleep at night,” said one person at a meeting Sunday afternoon at the SeaTac Community Center. “It got better for a while, but then they opened the new runway and now I can’t hear people in the room,” said another person, “or what is on TV.” Still another said people had moved from his rental properties and others said the value of their property, already hammered by the faltering economy, have gone lower because of the November opening of the runway. Still another resident of the area told of flashing laser lights that “even after you get used to them, they startle you.”

A spokesman said the Port would like to know more about this because there have been illegal usages of lasers focused at planes recently and it is working with police to find and stop this activity. Anger and resentment is building in the area because people think the Port of Seattle is not keeping their promise not to use the new 8,500-foot runway except in bad weather or as a backup to the other two runways. The Sunday meeting was held so the downtown Seattle law firm of Pfau Cochran Vertetis Kosnoff could explain the class action lawsuit they are drafting that seeks to make the port stop using the runway for daily takeoffs and landings (see sidebar).

“The Port says they are operating within the law, but that is not true if it (negatively) impacts you,” said law firm partner Darrell Cochran to an estimated 150 to 200 people at the Sea-Tac Community Center Sunday afternoon. “We will be filing a lawsuit – June 15th is the estimate (when the suit will be filed).”

Area residents, some who have fought the Port and the runway for two decades or more, have complained of a variety of impacts, but what most infuriates people is that the third runway now is a main runway.

“What we hear is that the port has not told the truth on the third runway’s use as a backup,” said Cochran. “Every landing since it has opened has landed on it. We have seen documents that it will be in fulltime use – that the Port will continue to use it as a fulltime runway, even though the Federal Aviation Administration (FAA) was told it would be a backup runway.”

A Port of Seattle spokesman said there has been a temporary six-month closure of the airport’s longest and oldest runway because it needs to be rebuilt. The third and newest runway is now being used only in the interim fulltime. Airport spokesman Perry Cooper said Monday the project is costing $52 million in federal funds. The work is being carried out during the spring and summer months so that it is completed as quickly as possible.

A brand new control light system is being installed on the first (eastern most) runway because all planes using the other two runways need to cross it.

“It’s going to be noisier for a six-month period,” said Cooper.

Statistics by the Port on their Sea-Tac website show that prior to April 13, the number of landings and takeoffs on the new runway were close to the number of uses the Port had estimated in its Environmental Impact Statement.

“You’ll see that the runway use is virtually equal to the Environmental Impact Statement projection,” Cooper said, adding that the traffic on the third runway is up during the winter months when more separation between active runways is required.

“In the summer, those days drop off dramatically and would expect to lower the yearly average as compared to the winter numbers.” Cooper said.

When asked by nearby residents on Sunday if the suit should be against the FAA instead of the Port, lawyer Cochran said the Federal Aviation Administration “has immunity” because the decision to build the third runway where it is was a decision by the Port and not the government agency.

The Federal Aviation Administration controls the runways planes use for landing and takeoffs.

“The Port does not operate the runways,” Cooper said. “We built it and maintain it, but the actual operation of the runway, takeoffs and landings, etc. is controlled by the Federal Aviation Administration.”

He says the Port “has been a proponent of the area community as soon as complaints were made and we went to the FAA and worked with them to make sure the operation of the runway has been consistent with the projections from the Environmental Impact Statement. That step also brought us to create the website with the usage statistics.

Members of the Federal Aviation Administration came to a recent Highline meeting to hear the community’s concerns, Cooper said.

The lawsuit lawyer, Cochran, said Sunday that people who felt they had personal injury cases against the Port should be gathering evidence to support their claim. For example, Cochran said people should take photos of soot on cars and surfaces from planes taking off or landing on the runway. They should document evidence of increase illnesses or other negative effects.

People should do this even if they have not yet decided on making a claim or filing a suit.

So, what do YOU think of this class action lawsuit against the Port of Seattle? Please answer our poll:

PREVIOUS COVERAGE:

• Third Runway Litigation Meeting Is This Sunday
• Port Of Seattle Hears From Angry Residents
• Angry Residents Accuse Port of Seattle Of Lying
• Highline Forum 3rd Runway Meeting Is Jan. 8th
• Upset About 3rd Runway Noise? Meet Jan. 10th
• Third Runway Noise Discussion Is Dec. 19th
• Third Runway Noise Problem Not Fading Away
• Has 3rd Runway Increased Noise In White Center?

Jack Mayne is a freelance writer and editor and may be reached at jgmayne@gmail.com

by Nicholas Wolfe

About 100 Highline residents and local public officials, angry and frustrated with flight operations involving the third runway at Sea-Tac International Airport, voiced their complaints to Port of Seattle representatives at a special meeting of the Highline Forum on Thursday.

While noise and pollution from low-flying commercial jets using the new runway – and the negative impact these have on property values – are significant concerns, their primary grievance is that the port either reneged on assurances to the community that it would have limited use as a backup landing strip in inclement weather or misrepresented the actual intent for its operation.

The disagreement between the airport’s residential neighbors and the port over use of the third runway was highlighted in an exchange between State Sen. Karen Keiser, D-Des Moines, and Sea-Tac Managing Director Mark Reis.

A pre-construction supplemental Environmental Impact Statement said the third runway would be operated “in bad and good weather conditions” along with the other two runways to maintain air traffic flow, Reis noted.

“During poor and good weather, this is increasing the efficient operating capability of the airport during peak hours,” he added. “We never said it would be used in bad weather only.

But, countered Keiser, “The community was led (by the port) to believe that the third runway would be used in cases of bad weather when safe landings created a need (for its operation). That was the premise that the Environmental Impact Statement. Now here we are with the third runway in operation.

“The premise seems to have changed from being used as a foul-weather type of facility. It’s been shifted, and I am very concerned about what that does to the process on the EIS,” she said.”

Des Moines Mayor Bob Sheckler, co-chairman of the Highline Forum, told Reis, “The senator and I are on the same page here.” During the decade-long debate over the third runway, he recalled, port representatives “brought to the ACC (Airport Communities Coalition) over and over that it would be used for arrivals only in bad weather…. That’s what the port has been saying.”

The Highline Forum, comprised of the cities of Des Moines, Normandy Park, Burien, Tukwila, SeaTac and Federal Way, the Highline School District, and the port, was organized after construction of the third runway got underway to promote cooperative relationships between Sea-Tac and neighboring cities. It replaced the Airport Communities Coalition that for a decade tried to block the third runway and secured environmental regulations for airport operations.

Earlier, Sheckler asked Reis, “Is it fair to say that the third runway is going to be used as a fully functioning runway?” “Yes,” Reis replied. Since it became operational on Nov. 20, Sea-Tac has used two runways in bad conditions and all three in good weather.

But Federal Aviation Administration, not the airport, directs air traffic – including the use of runways, Reis and Stan Shepherd, manager of airport noise programs, both said. The port manages general operations at Sea-Tac, including noise control and mitigation in impacted neighborhoods.

Three FAA representatives were in attendance as observers.

Sheckler also quizzed Reis about how long it will take for the impacts of third runway operations to be fully mitigated by the port. Although it could take between three and five years, Reis said, “The public process does not need to be drawn out too long.”

The supplemental Environmental Impact Statement, which was prepared in 1997, estimated that by 2010 almost 28 percent of all flights arriving at Sea-Tac would use the third runway. But according to data from the port, 44 percent of inbound planes landed on it through Dec. 17. This, port officials said, reflects the low visibility that generally occurs in November and December, and that this figure is expected to go down in the spring and summer months.

Reis said the port “did the best we could to project what was going to be the noise associated with operation of the runway,” and that the FAA now is looking for ways to reduce its impact, including not using the runway between 10 p.m. and 6 a.m. and not landing older, noisier jets on it.

Dr. Dagmar Cronn, president of the South Park Neighborhood Association, said residents in her community “are unhappy or shocked about the increase in noise. Suddenly they noticed more planes and more noise overhead.” She asked that mitigation be provided by the port to offset the decline in home values and the disruption of sleep patterns and the quality of life.

“The noise is unacceptable,” said Benjamin Stark of Des Moines. Asking where the money for mitigation will come from with mounting deficits in both the federal and state governments, he suggested, “It seems to me that the thing to do is just shut it down.”

Several residents described how third runway flight operations have destroyed their ability to live normal lives in their homes and deflated the value of their property.

Reis said the port will continue to study its impacts on the surrounding area. In the meantime, he cautioned residents, the third runway will be in full operation from April through late October while Sea-Tac’s first runway is completely rebuilt.

by Nicholas Wolfe

The Port of Seattle committed “fraud” by misrepresenting its actual plan for use of the third runway at Sea-Tac International Airport until after the controversial addition went into operation on Nov. 20, CASE (Citizens Against Sea-Tac Expansion) president Brett Fish of Burien charged at a meeting of the watchdog group Wednesday evening.

“I know that’s a strong term, but I don’t know what else to say….”

“A lot of heads should roll down the third runway,” Fish declared as he criticized port officials for using it 24/7 as a primary runway, even in good weather conditions, despite repeated pre-construction assurances that it would be used only in bad weather – and then primarily for landings to prevent flight delays. “They lied about not using it as a main runway…. Do we want to become a jet ghetto? I don’t think so. It’s our job to turn this thing around.”

And the first step in turning things around, both Des Moines Mayor Bob Sheckler and Fish emphasized, is for Highline residents who are experiencing negative impacts from third runway flight operations to speak out at a public meeting of the Highline Forum with port officials at 2 p.m. Thursday, January 8, at the port office on the mezzanine level of the main terminal at Sea-Tac. Parking will be validated upon request.

Sheckler also is co-chairman of the Highline Forum, which is comprised of the cities of Des Moines, Normandy Park, Burien, Tukwila, SeaTac and Federal Way, the Highline School District, and the port. The forum – which replaced the Airport Communities Coalition that for a decade tried to block the third runway – was organized after construction got underway to promote cooperative relationships between the Sea-Tac and neighboring cities.

“I never expected to be before you again on third runway issues. At least I hoped I wouldn’t be,” Sheckler told CASE members. But now it’s “very, very clear how it’s operating,” he observed. “It’s like a main runway … it’s obvious to me that the third runway will continue to be used as a main runway. So the focus needs to be on mitigation.”

In the past, Sheckler continued, “the port has been fairly good on addressing issues of mitigation. But this is really a big one…. When the third runway was built, they never looked at it in terms of impact by its use as a main runway…. We need to ask them, ‘What are you going to do about it?’”

Noting that “we were caught off guard” by the immediate use of third runway as a main rather than a backup runway – which Highline communities had been assured it would be – he added, “We weren’t prepared for this. The first thing we have to do now is see what the port’s response is. We hope to find that out” at Thursday’s meeting. “I want everyone to remember to ask, ‘Why did you tell us that?’”

Asked by one community resident about the possibility of suing the Port – and even the Federal Aviation Administration – for damages, Sheckler replied, “That’s what I’m hoping to avoid. I hope the port does not have a short-term memory loss…. But if the third runway becomes a major issue … there’s going to be hell to pay for it.”

While CASE membership is comprised of veterans of the anti-third-runway fight, an outspoken newcomer is Miriam Bearse of Burien, who moved to the city late last year. “We weren’t aware of the third runway when we bought our home,” she said. But the impact on their lives has “been astounding…. That roar (of jets flying low overhead). The whistling. It sounds like it’s getting so close…. No matter how hard I try, it strikes fear in me.

“That the port should be able to go back on their word is incredible,” Bearse declared. “I don’t think that we should stand for it.”

She said a meeting for affected homeowners and renters only, at which the possibility of legal action against the port will be discussed, will be held at 3:30 p.m. Saturday, Jan. 10, at the SeaTac Community Center (full details here).

Burien Deputy Mayor Rose Clark, who lives close to the third runway, said noise from flight operations “is an increasing problem” that rattles her windows to the point that she is concerned they will break eventually. “We need to do something soon.”

Beyond the possibility of such damage, Clark is concerned about the negative impact on the value of neighboring homes. Her house “was devalued by $20,000 by King County” due to the second runway at Sea-Tac. “Now I expect its devaluation to be even greater.”

The impact of devaluation doesn’t stop with individual homeowners. “Property devaluation also impacts local cities and the Highline School District,” she noted, “because lower valuation results in less property tax revenue.”

One member of the audience noted that a port representative had told a long-time resident, who complained about the noise, “It’s your fault for living there.”

Another exclaimed, “Since the state is out of money and the feds are out of money, why don’t we just shut the goddamn runway down?”

But, observed a third, there is little community residents can do because the “jet airplane mobsters” operate under laws passed by Congress.

Both the port and the FAA are expected to study the impacts of the third runway – a process that could take months if not years. “In the meantime,” Fish suggested, “have them back off on the use of the third runway and do what they said they would.”

[EDITOR'S NOTE: The White Center Blog would like to welcome its newest Writer, Nicholas Wolfe, to our team. Wolfe is an investigative journalist who will be covering community issues. Look for more of his coverage of the third runway noise issue soon!]

Both the White Center Blog and sister site B-Town Blog have been covering area residents’ complaints about the newly-opened third runway (previous coverage here and here), and now we have this potentially juicy little tidbit of info to share:

Several residents who live in the flight path are considering taking legal action, and are holding a “neighbor’s meeting” on Friday, Dec. 19th at 6pm to discuss options.

Here’s copy from a flier we received today from Miriam Bearse, a neighborhood activist:

To all homeowners/renters living under or near the third runway flight path:

If you have concerns about the flight path, come to a neighbor’s meeting in Burien on December 19th at 6pm to share your experiences with others and discuss potential legal avenues to address the impact of the third runway on our homes and families.

For location and more information, contact Miriam at miriambearse@yahoo.com (206.753.8895)

So, if you live in/near the flight path (whether it be in White Center or another area) and are experiencing an unacceptable amount of noise, this is your opportunity to bond and meet with neighbors who feel the same.

We certainly plan on attending, and will provide full coverage as this story develops.

Coming soon on this topic (stay tuned by subscribing to our RSS Feed):

• Video interviews with upset residents
• Video interviews with Port of Seattle officials
• Video tour of a noise monitoring station