ACC’s opposition to Ecology’s motion to strike documents, motion to rescind ex parte order and for reconsideration by full board, and request for hearing per WAC 371-08-450(3)

Notes

The Airport Communities Coalition (ACC) opposes the Washington Department of Ecology’s motion to strike documents related to a public disclosure request concerning the Port of Seattle’s third runway application. ACC argues the documents were not inadvertently disclosed, that attorney-client privilege was waived by the client’s own disclosure, and that the Board lacks jurisdiction to order return of documents obtained through a public disclosure request. The dispute centers on a memorandum regarding whether the Port requires a water right to appropriate stormwater to address low flow impacts from the third runway project.

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