PCHB073002338

PCHBPollution Control Hearings Board of the State of Washington

On March 7, 2002, Ecology produced its pre-filed direct testimony, including testimony from Ecology's Dave Garland. In his pre-filed testimony, Mr. Garland states that, "Most recently, I reviewed PGG's 1updated modeling of the embankment for the December 2001 Low Stream Flow Analysis and Summer Low Flow Impact Offset Facility Proposal submitted by the Port of Seattle. The results of my reviews have been documented in memos to Ann Kenny and others dated March 9, 2001, May 5, 2001, August 7, 2001, and March 6, 2002." Garland Pre-21 filed Testimony at ¶ 4 (emphasis added). Mr. Garland's Testimony then goes on to discuss and AR 002338 ' Pacific Ground Water Group ("PGG") is the consultant used by the Port of Seattle to prepare an embankment model for the Port's December 2001 Low Stream Flow Analysis and Summer Low Flow Impact Offset Facility Proposal. ORIGINALHELSELLAPPELLANTS'MOTION IN LIMINE TO F ET T E R M A N EXCLUDE TESTIMONY FROM DAVE GARLAND - 1 ALimitedLiability Partnership 1500PUGETSOUNDPLAZA P.0.BOX21846 SEATTLE,WA 98111-3846 PH:(206)292-1144 express his opinions regarding the Port's new December 2001 Low Flow Analysis, and to reply to criticisms of the plan by ACC's Dr. Lucia. ld. at ¶¶ 11-15; 16-19. This was the first indication ACC had that Mr. Garland reviewed, prepared a report on, and would be testifying concerning the December 2001 Low Flow Analysis, despite repeated, specific inquiries to Ecology as to whether Mr. Garland would give such testimony. Ecology's inexcusable failure to identify or produce Mr. Garland's March 6 Low…
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