PCHB Doc 28: ACC’s Motion for Correction, Clarification, and/or Partial Reconsideration of Order Publishing Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses

Notes

ACC (Airport Communities Coalition) motion filed with the Pollution Control Hearings Board (PCHB No. 01-160) against State of Washington Department of Ecology and Port Of Seattle, seeking correction, clarification, and/or partial reconsideration of the Order Publishing Certain Portions of Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses. Motion identifies three categories of discrepancies: (1) items listed as admitted/excluded contrary to redacted depositions; (2) excerpts carved out creating misleading impressions of witness testimony; (3) topics excluded on relevance grounds now addressed in hearing transcripts. Specifically addresses depositions of Thomas Fitzsimmons (Governor’s Office intervention, Ecology Section 401 certification, Tom Luster’s removal from Third Runway Project review) and Erik Stockdale (Vacca Farm condemnation case, Port consultant Jim Kelley testimony, wetland mitigation credit). References Clean Water Act Section 401, hearing transcripts, and King County Superior Court Cause No. 99-2-26788-5 KNT.

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