PCHB056002193

v. ) SUPPORT OF MOTION IN LIMINE TO ) EXCLUDE TESTIMONY OF ECOLOGY STATE OF WASHINGTON, ) WITNESS DAVE GARLAND DEPARTMENT OF ECOLOGY; and ) THE PORT OF SEATTLE, ) ) Respondents. ) ) Ecology issued 401 certifications dated August 10 and again on September 21. In each instance it certified that it had at the time of issuance reasonable assurance that Water Quality Standards would not be violated. Ecology and the Port nevertheless asked the Board to allow them to continue to produce and offer new reports and plans supporting the 401 for a full half a year after their issuance. To compensate for the disadvantage this created for Appellants, the Board set a February 1, 2002 cut-off date for the creation of new reports and plans, and allowed a special discovery period, ending February 28, for Appellants to discover evidence and witness opinions relating to post-September 21 documents which were properly disclosed and produced. Discovery relating to Ecology witness Kelly Whiting (from King County DNR) shows how this process worked. In his original deposition on December 20, 2001 Mr. Whiting indicated he intended to testify regarding the Port's 12/17/01 Low Flow Plan but had not yet completed his review. Pursuant to the Board's Pre-Hearing Order, Mr. O_ Whiting's deposition was continued until February 28, 2002, the last day of discovery. The x-¢N Iz HELSELL O, JiL""_ ' _ FETTERMAN APPELLANTS' MOTION IN LIMINE TO A Limited Liability e ........ hip EXCLUDE TFC3TIMONY FROM DAVE GARLAND - 1 1500PUGETSOUNDPLAZAR0.BOX21848…

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PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]