Request for Waiver of Conflict of Interest

Law firm Leech Tishman Nelson Hardiman, Inc. sent this November 2025 letter to the cities of Burien, Des Moines, and SeaTac, Washington, along with Vashon Island Fair Skies, Inc., requesting their consent to be represented together in legal challenges against the FAA's environmental approval of near-term construction projects at Seattle-Tacoma International Airport. The firm explains that while a potential conflict of interest exists in representing multiple clients simultaneously, all parties currently share a common goal of contesting the FAA's Finding of No Significant Impact related to increased aviation noise. The letter outlines the conditions of the joint representation, including fee-sharing arrangements, attorney-client privilege limitations, and procedures the firm will follow if the clients' interests diverge.

Notes

Letter dated November 21, 2025 from Leech Tishman Nelson Hardiman, Inc. attorney Steven Taber to the City of Burien, City of Des Moines, City of SeaTac, and Vashon Island Fair Skies, Inc. requesting written waiver of potential conflict of interest arising from concurrent representation of all four clients in their separate Petitions for Review challenging the FAA’s Final Environmental Assessment, Finding of No Significant Impact (FONSI), and Record of Decision (ROD) for the Sustainable Airport Master Plan (SAMP) Near-Term Projects at Seattle-Tacoma International Airport. Letter addresses commonality of interest in challenging FAA aviation noise increases, fee apportionment (each client owing 1/2 of shared hours, separately not jointly), attorney-client privilege limitations under California Evidence Code § 962 and Washington Evidence Rule 502(d)(5), withdrawal procedures if interests diverge, and client file retention/destruction policy. Cites California Rules of Professional Conduct rule 3-310(F). Clients include Cities of Burien, Des Moines, SeaTac, and Vashon Island Fair Skies, Inc.

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