TagSAMP(650)

This document is a Waiver of Conflict signed by the cities of Burien, Des Moines, and SeaTac, Washington, acknowledging that their legal interests may potentially conflict with those of Vashon Island Fair Skies while being jointly represented by the law firm Leech Tishman Nelson Hardiman, Inc. The three cities voluntarily consent to this shared legal representation in connection with a formal challenge to the FAA's environmental review decision regarding near-term construction projects outlined in the Seattle-Tacoma International Airport's Sustainable Airport Master Plan (SAMP). The cities also acknowledge they were advised of their right to seek independent legal counsel before signing the waiver.

Law firm Leech Tishman Nelson Hardiman, Inc. sent this November 2025 letter to the cities of Burien, Des Moines, and SeaTac, Washington, along with Vashon Island Fair Skies, Inc., requesting their consent to be represented together in legal challenges against the FAA's environmental approval of near-term construction projects at Seattle-Tacoma International Airport. The firm explains that while a potential conflict of interest exists in representing multiple clients simultaneously, all parties currently share a common goal of contesting the FAA's Finding of No Significant Impact related to increased aviation noise. The letter outlines the conditions of the joint representation, including fee-sharing arrangements, attorney-client privilege limitations, and procedures the firm will follow if the clients' interests diverge.

This legal agreement establishes joint representation by attorney Steven M. Taber of Leech Tishman Nelson Hardiman, Inc. for the cities of SeaTac, Burien, and Des Moines in their shared legal challenge to the FAA's approval of the Port of Seattle's SAMP (Sustainable Airport Master Plan) project. The document discloses potential conflicts of interest that can arise when multiple municipalities share a single attorney, and obtains each city's informed written consent to proceed despite those risks. It also outlines how the three cities will share legal costs under an interlocal agreement and explains the procedures that would apply if a conflict between the cities were to emerge during the litigation.

This agreement establishes the terms under which attorney Steven M. Taber of Leech Tishman Nelson Hardiman, Inc. will jointly represent the cities of SeaTac, Burien, and Des Moines in a legal challenge to the FAA's approval of the Port of Seattle's SAMP airport expansion project. It discloses potential conflicts of interest that can arise when multiple municipalities share one lawyer, and requires each city to formally consent to the arrangement in writing. The document also explains how the three cities will share legal costs under an interlocal agreement, and outlines steps that must be taken if conflicts between the cities emerge during the litigation.

In November 2025, the law firm Ogden Murphy Wallace (OMW) agreed to jointly represent the cities of Burien, Des Moines, and SeaTac as special environmental counsel in matters related to the Port of Seattle's Sustainable Airport Master Plan. The firm's scope of work covers environmental review processes under federal (NEPA) and state (SEPA) law, as well as any potential litigation against the Port of Seattle or the Federal Aviation Administration. Attorneys are billed at hourly rates ranging from $300 to $535 depending on role and experience, with no advance fee deposit required.