Notes
The Pollution Control Hearings Board ruled on Airport Communities Coalition’s motion to exclude testimony by Dave Garland regarding his March 6, 2002 report on the December 2001 low flow plan. The Board found that while failure to produce the report by the February 1, 2002 deadline was not a violation of the pre-hearing order, Ecology’s failure to respond to ACC’s discovery inquiries violated CR 26(e)(1)(B). As a remedy, the Board excluded any testimony by Garland on his analysis, findings, or conclusions related to his review of the December 2001 low flow plan.
