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Pollution Control Hearings Board (PCHB) order in PCHB 01-160, Airport Communities Coalition (ACC) v. State of Washington Department of Ecology and Port Of Seattle. On reconsideration of the October 10, 2001 order granting Ecology’s motion to strike, the Board addresses inadvertent disclosure of an attorney-client privileged briefing paper prepared by Ecology NW Regional Director Ray Hellwig for a senior management team meeting in April 2001, containing advice from an Assistant Attorney General regarding a Section 401 certification issue. The Board cites RCW 42.17.310(1)(j), United States v. Zolin 809 F.2d 1141 (9th Cir. 1987), and the Public Disclosure Act Chapter 42.17 RCW. The Board modifies its earlier order, noting it lacks authority to order return of documents procured under the Public Disclosure Act, and instead orders ACC to refrain from using the inadvertently disclosed privileged information. Presiding officer: Kaleen Cottingham.

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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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