PCHB150004794

PCHBPollution Control Hearings Board of the State of Washington

The disparity of access to information regarding the Port's proposed Third Runway cannot be disputed: the Port is the applicant, has access to all the underlying facts and supporting analysis, and controls access to the site, something that has been allowed to everyone but ACC. ACC's primary tool in obtaining information has been the Public Disclosure Act, RCW 42.17.250, et seq. ("PDA"). Through PDA requests, ACC has obtained the plans and reports submitted by the Port to Ecology and Ecology16 comments on them. Based upon these PDA documents, ACC and its experts have provided comments to17 Ecology and prepared declarations in support of ACC's Motion for Stay. PDA documents also show that when ACC and its experts submitted comments to Ecology, those comments were forwarded (sometimes within minutes) to the Port. 1 Now the Port seeks, among other things, an Order from the Board compelling ACC to regurgitate back to the Port documents already in its possession and to produce documents clearly irrelevant to Declaration of Michael P. Witek in Support of ACC's Response to Motions to Compel and Limit Entry ("Witek Decl."), Ex. M. ACC'S RESPONSE TO MOTION TO COMPEL HELSELL FETTERMAN LLP Rachael Paschal Osborn PRODUCTION OF DOCUMENTS AND RESPONSE 1500 Puget Sound Plaza Attorney at Law TO SUBPOENAS DUCES TECUM - 1 ....... 1325Fourth Avenue 2421 West Mission Ave. Seattle, WA 98101-2509 Spokane, WA 99201 ORIGINAL whether Ecology had reasonable assurance to issue the 401 Certification. Considering all the1 circumstances, the Board should deny the Port's motion…
V V