Notes
The Washington State Department of Ecology filed this reply in support of its Motion in Limine to preclude Thomas F. Luster from testifying as an expert witness on behalf of the Airport Communities Coalition (ACC) before the Pollution Control Hearings Board. Ecology argues that Luster, a former senior Ecology employee, took an active part in the investigation of the Port of Seattle’s Third Runway Clean Water Act Section 401 certification application and is therefore barred from testifying under WAC 371-08-475(7). The document refutes four arguments made by ACC, including the contention that Luster had no role in the October 2000 application renewal.
