Notes
Motion in limine filed March 4, 2002 by State of Washington Department of Ecology (Ecology) before the Pollution Control Hearings Board (PCHB No. 01-160) seeking to strike pre-filed expert witness testimony of Thomas R. Luster, a former Ecology employee, submitted by Airport Communities Coalition (ACC). Ecology argues WAC 371-08-475(7) prohibits former Ecology employees from appearing as expert witnesses in formal proceedings in which they took an active part as a representative of Ecology. Luster served as Ecology’s Clean Water Act Section 401 Permit Reviewer for Port Of Seattle’s application related to construction at Seattle-Tacoma International Airport. ACC appeal sought to overturn Ecology’s issuance of a CWA §401 Certification to Port Of Seattle. Citizens Against Sea-Tac Expansion (CASE) named as Intervenor/Appellant. Signed by Assistant Attorneys General Joan M. Marchioro (WSBA #19250), Thomas J. Young (WSBA #17366), and Jeff B. Kray (WSBA #221747) under Attorney General Christine O. Gregoire. Certificate of Service shows service on Peter J. Eglick, Kevin L. Stock, Michael P. Witek at Helsell Fetterman LLP.