Notes
Declaration of Thomas R. Luster filed March 5, 2002 in PCHB Case No. 01-160, Airport Communities Coalition (ACC) v. State of Washington Department of Ecology and Port Of Seattle. Luster responds to Ecology’s Motion in Limine seeking to strike portions of his pre-filed testimony on grounds he is serving as an expert witness. Luster asserts he has no contractual arrangement as expert witness, is not paid for his time, and was reimbursed only for travel expenses by ACC and Port Of Seattle and attorney fees by Washington Public Employees for Environmental Responsibility (PEER). He states he was reassigned from the proposed project review in mid-October 2000 and left Ecology in late January 2001, and therefore did not serve as department representative during public notice of water quality certification. Luster consulted Ethics Board Executive Director Brian Malarky and reviewed WAC 371-08-475(7) regarding state ethics compliance. Testimony concerns Clean Water Act Section 401 water quality certification review by Ecology for Sea-Tac Airport Third Runway project.