Notes
Letter dated January 15, 2002 from Peter J. Eglick of Helsell Fetterman LLP to Hon. Kaleen Cottingham, Presiding Officer of the Pollution Control Hearings Board, in PCHB No. 01-160, ACC v. Dept. of Ecology and Port Of Seattle. ACC opposes Port Of Seattle’s emergency request for status conference, arguing it is premature pending ACC’s response briefs due January 17, 2002. Disputes Port’s refusal to allow ACC site access before expert depositions, characterizes Port’s motions as containing factual misrepresentations and violating prehearing order page limits. Addresses document discovery dispute involving attorney-client privilege and work-product materials, and objects to proposed conference dates of January 16-18 conflicting with scheduled Ecology depositions and Thurston County Superior Court proceedings on Port’s appeal of the Board’s stay decision. References 401 Certification, Clean Water Act application, Great Wall streamflow impacts.