Notes
ACC (Airport Communities Coalition) files opposition to Ecology’s Motion to Strike attorney-client privileged documents in PCHB Case Nos. 01-133 and 01-160, concerning Port Of Seattle’s third runway application. ACC argues the April 3, 2001 Ray Hellwig memorandum and handwritten notes were not inadvertently disclosed but were intentionally released by Ecology in response to a public disclosure request submitted August 10, 2001 by Andrea Grad after Ecology’s 401 decision. The dispute centers on whether the Port must obtain a water right before Ecology can claim reasonable assurance on stormwater appropriation to address low flow impacts. ACC argues attorney-client privilege was waived by the client (Ecology), that deliberative materials cannot be withheld under the Public Disclosure Act post-decision, and that the Board lacks jurisdiction to order return of documents obtained via public disclosure request. Attorneys Rachael Paschal Osborn and Helsell Fetterman LLP appear for ACC; WAC 371-08-450 hearing requested.