PCHB108003190

written direct testimony submitted by Appellant Airport Communities Coalition (ACC) that contravenes the Pollution Control Hearings Board's (Board) rules of practice. The ACC submitted pre-filed testimony of Thomas R. Luster, a former Ecology employee, identifying him as an expert witness. The Board's rules of practice prohibit such testimony. Chapter 371-08 WAC sets forth rules of practice before the Board. In WAC 371-08- 475(7), the Board addresses the ability of a former Ecology employee to appear before it as an expert witness. The rule provides: Former employee as an expert witness. No former employee of the department shall at any time after leaving the employment of the department appear, except when permitted by applicable state conflict of interest law, as an expert witness on behalf of other parties in a formal proceeding in which an o active part in the investigation as a representative of the department was taken. o') DEPARTMENTOFECOLOGY'S 1 ATTORNEYGENERALOFWASHINGTONO MOTIONIN LIMINERE: WAC371-08- F_ologyDivisionPO Box40117 1_ 475(7) Olympia, WA 98504-0117 FAX (360) 586-6760 ORIGINAL Pursuant to this rule, Ecology seeks a motion in limine striking those portions of the pre-filed written direct testimony of Mr. Luster where he offers expert testimony. The ACC submitted pre-filed written direct testimony of Mr. Luster in support of its appeal seeking to overturn Ecology's issuance of a Clean Water Act § 401 Certification to the Port of Seattle for construction activities at the Seattle-Tacoma International Airport. During his tenure at Ecology, Mr. Luster was assigned as Ecology's § 401 Permit Reviewer for…

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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 [...]