PCHB140004740

PCHBPollution Control Hearings Board of the State of Washington

On January 22, 2002, the Board heard arguments on the following four motions pending before it: 1. ACC's motion to compel inspection of Port property; 2. ACC's motion to extend discovery schedule; 3. Port's motion to compel depositions and for limitation on entry onto land 4. Port's motion to compel production of documents and response to subpoena duces tecum. The Board reviewed the motions before it, along with all responsive and reply briefs submitted by the parties. The following attomeys participated in the telephone hearing: 1. Richard Poulin, representing CASE; 2. Tom Young, representing Ecology; 3. Kevin Stock, Michael Witek and Rachel Paschal Osborn, representing ACC; and PCHB 01-160 1 ORDER ON DISCOVERY AND MODIFYING THE PRE-HEARING DEADLINES AR 004740 4. Roger Pearce and Gil Reavis, representing the Port. Kaleen Cottingham presided for the Board. Randi Hamilton, of Gene Barker and Associates, provided court-reporting services. Based on this review and being otherwise fully apprised in the circumstances of this case, the Board enters the following order: 1. ACC's motion to compel inspection of Port property The parties, having been unable to negotiate appropriate conditions to allow a site visit of the Port's property, sought Board intervention to resolve this discovery dispute. Also related to the site visit is the timing of the depositions of ACC's expert witnesses and the production of documents relied upon by such experts. All of these issues are addressed in this order. The Port contends that heightened security warrants heightened controls on entry to its airport…
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