October 23, 2001August 2, 2026

PCHB Doc 6357: Ecology’s Reply to ACC’s Opposition to Ecology’s Motion to Strike Attorney-Client Privileged Documents

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Washington State Department of Ecology reply brief filed before the Pollution Control Hearings Board (PCHB No. 01-160) opposing Airport Communities Coalition’s (ACC) arguments against Ecology’s motion to strike attorney-client privileged documents. Ecology argues the privilege is not ‘at issue’ under Pappas v. Holloway (114 Wn.2d 198) and Hearn v. Rhay (68 F.R.D. 574), and that disclosure of Ray Hellwig’s notes containing attorney-client privileged advice alongside deliberative process documents was inadvertent, not intentional waiver. The case concerns whether a water right is required before Port Of Seattle may implement its Stormwater Management Plan and Low Flow Mitigation Plan under Washington water code, Section 401 Certification. AR 006357.

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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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