TagACC(1524)

This document submitted by the Washington State Department of Ecology memorializes portions of Dave Garland’s testimony that were ordered redacted by the Pollution Control Hearings Board on March 21, 2002. The excluded statements concern Garland’s review of Pacific Groundwater Group’s modeling of the embankment fill hydrology for the Sea-Tac Third Runway project, specifically the December

The Pollution Control Hearings Board granted Airport Communities Coalition’s motion to strike certain pre-filed testimony and limit oral testimony in PCHB case 01-160. The order establishes February 28, 2002 as the discovery cutoff date, prohibiting parties from relying on information created after that date. The ruling specifically limits testimony regarding actions taken by the Port

The Pollution Control Hearings Board ruled on Airport Communities Coalition’s motion to exclude testimony by Dave Garland regarding his March 6, 2002 report on the December 2001 low flow plan. The Board found that while failure to produce the report by the February 1, 2002 deadline was not a violation of the pre-hearing order, Ecology’s

The Pollution Control Hearings Board issued an order detailing which portions of depositions from Ecology managers and CR 30(b)(6) designated witnesses would be admitted into the record. The order covers depositions of Tom Fitzsimmons, Gordon White, Ray Hellwig, Ann Kenny, Erik Stockdale, John Drabek, Kevin Fitzpatrick, and Peter Kmet. Upheld objections are listed by page

The Pollution Control Hearings Board denied Airport Communities Coalition’s Motion In Limine to Exclude Late-Produced Plans and Reports in case PCHB 01-160. The Board ruled that none of the 17 items identified by ACC were prepared pursuant to the §401 certification, and the pre-hearing order’s intent was only to prevent late presentation of formal aspects

The Pollution Control Hearings Board issued an order granting Airport Communities Coalition’s motion to publish depositions of Washington Department of Ecology managers and CR 30(b)(6) designated witnesses in PCHB case 01-160. The order conditionally grants publication of depositions under Rules 32(a)(2) and 30(b)(6), subject to five conditions covering admissibility, highlighting/excerpting, counter provisions, objections, and timing.

Index to exhibits for pre-filed testimony by W. A. Rozeboom, P.E. of Northwest Hydraulic Consultants, Inc. submitted to the Environmental Hearings Office regarding stormwater, hydrology, and hydraulic aspects of the proposed third runway at Sea-Tac Airport. Exhibits include correspondence with the U.S. Army Corps of Engineers, Port of Seattle responses to public comments, and technical

The Airport Communities Coalition (ACC) filed this reply brief arguing for exclusion of Port of Seattle and Department of Ecology plans and reports produced after the February 1, 2002 cutoff date established in the Board’s October 30, 2001 Pre-Hearing Order. The document argues that the plain language of the Pre-Hearing Order prohibits reliance on any

The Airport Communities Coalition (ACC) filed this reply brief in support of their motion to exclude testimony from Washington Department of Ecology witness Dave Garland. The brief argues that Ecology failed to timely disclose that Garland would testify about the Port of Seattle’s December 2001 Low Flow Plan, violating discovery rules and the Board’s Pre-Hearing

The Airport Communities Coalition (ACC) filed this reply brief before the Pollution Control Hearings Board in support of its motion to publish depositions of Washington State Department of Ecology managers and CR 30(b)(6) designated witnesses. ACC argues that under CR 32, depositions of officers, directors, and managing agents of governmental agencies may be used for