PCHB054002182

PCHBPollution Control Hearings Board of the State of Washington

v. ) MOTION TO STRIKE THE PORT'S PRE- ) HEARING BRIEF STATE OF WASHINGTON, ) DEPARTMENT OF ECOLOGY; and ) THE PORT OF SEATTLE, ) ) Respondents. ) ) |2 The Port has offered a number of flimsy excuses for its over-length brief. Appellants therefore reply, briefly, as follows: 1. The Port dismisses Appellants' motion in general by stating that "focusing on formatting issues seems less than productive." Appellants wholeheartedly agree. In fact, Appellants believed that such formatting issues were resolved when, after the Port moved to strike ACC's Stay Brief, it turned out that the Port had manipulated the spacing of its brief and had submitted a grossly over-length brief itself. All parties agreed then to adhere to the19 ground rules in the Pre-hearing Order. The Port's failure to do so has forced Appellants to again "focus on formatting issues". 2. The Port does not directly respond to the observation, readily determined by looking at its brief and comparing it to the Word program, that it did not use double-spacing, but instead manipulated the program to fit additional lines on a page. The excuse that this manipulation is routinely done because it "allows the text to align with the numbers on the AR 002182 H EL S E L L FETTERMAN APPELLANTS' REPLY IN SUPPORT OF MOTION ALimitedLiabilityP...... hip TO STRIKE THE PORT'S PRE-HEARING BRIEF -1 ORIGINAL 1500PUGETSOUNDPLAZA P.0.BOX21846SEATI-LE,WA 98111-3846 PH:(206)292-1144 left-hand margin used in pleading paper" is spurious. The Board can readily determine what the Port has done…
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