Notes

The Pollution Control Hearings Board reconsiders its October 10, 2001 order granting Ecology’s motion to strike references to an inadvertently disclosed attorney-client privileged document used by the Airport Communities Coalition in its motion for stay. The Board affirms that the attorney-client privilege was not waived due to the inadvertent nature of the disclosure, but modifies its earlier order to reflect that it lacks authority to compel return of a document obtained under the Public Disclosure Act. The final order requires the Appellant to refrain from using the inadvertently disclosed privileged information.

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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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