PCHB137004678

ACC incorrectly claims that the Port is seeking privileged documents or documents of the Port's own making. In fact, the Port is seeking only what is required under Civil Rule 26(b)(5) - any documents, studies, data or calculations upon which the ACC's experts are basing their opinions in this case. The Port has produced 22 boxes and 23 compact discs and 4 hard diskettes of documents to the ACC. The ACC has not produced a single document. The Board should not countenance ACC's one- sided litigation tactics, where the Port gives ACC all the supportive documents for the Port's experts, but ACC leaves the Port to guess what ACC's experts will rely on as a basis of their opinions. ACC's only argument is that it is "unduly burdensome" for the ACC to have to produce the documents upon which its experts will rely. ACC has failed to cite a single case supporting this position and, as discussed below, ACC's position is directly contrary to case law. Moreover, even a ORIGINAL PORT'S MOTION FOR PARTIAL SUMMARY FOSTER PEPPER _ SHEFELMAN PLLC JUDGMENT ON SEPA ISSUE - 1 1111 THIRDAVENUE,SUITE3400 AR 004678 SEATTLE,WASrlINGTON98101-3299 50300771.01 206-447-.4400 cursory examination of the declarations submitted by ACC's witnesses thus far that those experts have relied on a wide range of books, surveys and alleged data that has not been supplied to the Port. Given the many references to studies in ACC's declarations, it is clearly not possible for the Port to obtain these documents by other…

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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 [...]