Notes
The Airport Communities Coalition (ACC) filed this reply brief arguing for exclusion of Port of Seattle and Department of Ecology plans and reports produced after the February 1, 2002 cutoff date established in the Board’s October 30, 2001 Pre-Hearing Order. The document argues that the plain language of the Pre-Hearing Order prohibits reliance on any plan or report prepared after February 1, 2002, including the S.S. Papodopolous Embankment Report produced on February 15, 2002. The brief references the Battle Mountain Gold case as precedent for why such cutoff dates are necessary to prevent last-minute submissions from becoming evidence of inadequate reasonable assurance.
