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Pollution Control Hearings Board (PCHB) Order on Motion to Strike in case PCHB 01-160, Airport Communities Coalition (ACC) v. State of Washington Department of Ecology and Port Of Seattle. Ecology moved to strike references to an attorney-client privileged briefing paper prepared by NW Regional Director Ray Hellwig for a senior management team meeting in April 2001, which was inadvertently disclosed un-redacted in response to a public disclosure request under RCW 42.17.310(1)(j). Board granted the motion, citing United States v. Zolin, 809 F.2d 1141 (9th Cir. 1987), ordering ACC to return the document and refrain from using the information; all references stricken from the record. Presiding officer Kaleen Cottingham signed October 10, 2001.

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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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