PCHB241006529

PCHBPollution Control Hearings Board of the State of Washington

Rather than abide by the rules agreed-upon by all parties and, even more importantly, the specific orders of the Pollution Control Hearings Board, appellant Airport Communities Coalition CACC") has filed a reply brief that is overlength by more than 16 pages. Instead of first asking the Board, the ACC has simply presented the Board with a fait accompli and included a motion to allow overlength brief. That motion does not show good cause for violating the Board's express orders. Therefore, respondent Port of Seattle respectfully requests the Board to strike and disregard all overlength pages in the ACC reply brief. A. Facts. After the Board's initial pre-hearing order in this matter, which limited each brief filed regarding the motion for stay to 15 pages, counsel for Airport Communities Coalition requested a page limit of 30 pages "per side." A copy of that letter is attached at Tab A. In response, the Board modified its pre-hearing order to limit each brief to 30 pages: "Each brief filed shall be limited to 30 pages, not counting attachments." A copy of that Board letter is attached at Tab B. ORIGINAL PORT OF SEATTLE'S MOTION TO STRIKE FOSTER PEPPER _ SHEFELMAN PLLC OVERLENGTH BRIEF - 1 1111 THIRDAVENUE,SUITE3400 SEATTLE,WASHINGTON98101-3299 206-447-4400 50281497.01 The parties subsequently agreed, and the Board ordered, that responding briefs from the Port and Ecology would be limited to 30 pages and filed on October 1,2001, and that "Any reply brief [singular] from the ACC, not to exceed 30 pages" would be…
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