PCHB Doc 002545: ACC Motion in Limine to Exclude Late-Produced Plans and Reports

Notes

Airport Communities Coalition (ACC) motion in limine filed with the Pollution Control Hearings Board (PCHB No. 01-160) against State of Washington Department of Ecology and Port Of Seattle, seeking exclusion of plans and reports produced after the February 1, 2002 deadline set in the October 30, 2001 Prehearing Order. Motion specifically targets Ecology Exhibit 13203 (embankment fill modeling report by Port consultant Michael Riley) and Ecology Exhibit 2055 (Port Technical Memorandum on wetlands dated January 21, 2002, submitted to Army Corps of Engineers January 25, 2002, obtained by ACC via federal FOIA on March 7, 2002). Argues respondents violated §401 Certification prehearing disclosure requirements. Filed by Helsell Fetterman LLP and Rachael Paschal Osborn.

V V