PCHB230006468

PCHBPollution Control Hearings Board of the State of Washington

In its reply materials submitted in support of its motion for stay, the Airport Communities Coalition (ACC) relies in part on a document containing attorney-client privileged communications. This document was inadvertently disclosed by Ecology to the ACC pursuant to a public disclosure request. Because the attorney-client communications were disclosed inadvertently and unintentionally, ACC should be required to return the document and all references to the attorney-client privileged information should be stricken from the record. AR 006468 II. STATEMENT OF FACTS The facts relevant to this motion are stated in the accompanying Declaration of Ray Hellwig. Briefly, Ecology periodically receives public disclosure requests from the ACC for MOTION TO STRIKE 1 ATTORNEYGENERALOFWASHINGTON Ecology Division ATTORNEY-CLIENT PRIVILEGED eo Box 401 | 7 0RIGINAL documents relating to the Sea-Tac International Airport (STIA) expansion project. Ecology's practice is to review documents responsive to the ACC's requests for non-disclosable material and withhold such material from disclosure. Dec. of Hellwig, ¶ 3. Particularly, Ecology does not disclose attorney-client privileged information. Id In the present case, Ecology inadvertently disclosed a document containing attorney- client privileged communications to the ACC. Ecology intended to redact the attorney-client privileged information from the document prior to disclosure. Dec. ofHellwig ¶ 4. Ecology's attorneys did in fact redact the information from one copy of the document but Ecology inadvertently disclosed another copy of the document without the information redacted. Dec. of Hellwig, ¶ 5. Because the attorney-client privileged information was inadvertently disclosed, it should be stricken from the record and ACC should…
V V