TagACC(1524)

The Airport Communities Coalition (ACC) replies to the Port of Seattle’s response regarding a motion to strike the Port’s pre-hearing brief for violating page and formatting requirements. ACC argues the Port manipulated line spacing to fit additional text beyond allowed limits, that the Port’s footnote argument is inapposite given ACC’s larger margins, and that Ecology’s

The Port of Seattle responds to a motion by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) to strike the Port’s pre-hearing brief. The Port argues that ACC and CASE themselves manipulated briefing guidelines by combining pages and using 117 footnotes in small, single-spaced type to circumvent page limits. The Port contends that

The Airport Communities Coalition (ACC) and CASE move the Pollution Control Hearings Board for leave to publish depositions of Washington State Department of Ecology managers, including its director Tom Fitzsimmons and other senior officials. The motion arises from a dispute over Ecology’s refusal to designate CR 30(b)(6) witnesses on factual and policy issues related to

A proposed order from the Pollution Control Hearings Board for the State of Washington granting the Airport Communities Coalition and Citizens Against Sea-Tac Expansion’s motion to publish depositions of Ecology managers and CR 36(b)(6) designated witnesses. The order admits depositions of eight named individuals into the record for any purpose. The document was received by

The Pollution Control Hearings Board granted the Airport Communities Coalition’s motion in limine to exclude late-filed plans and reports submitted by respondents (Washington Department of Ecology and Port of Seattle). The order excludes numerous proposed exhibits including the Embankment Modeling Report and Supplemental Wetlands Technical Memorandum, and prohibits respondents from relying on or testifying about

The Washington State Department of Ecology responds to Airport Communities Coalition’s motion in limine to exclude testimony from Dave Garland regarding the Port of Seattle’s December 2001 Low Flow Plan. Ecology argues that ACC was well aware of Garland’s role and expected testimony through prior depositions, interrogatory answers, and other witness depositions. Ecology contends that

The Washington State Department of Ecology concurs with and joins the Port of Seattle’s response to the Airport Communities Coalition’s Motion in Limine to exclude late-produced plans and reports. The case, PCHB No. 01-160, was heard before the Pollution Control Hearings Board. The filing is signed by Assistant Attorneys General on behalf of the Department

The Washington State Department of Ecology responds to the Airport Communities Coalition’s motion to publish deposition transcripts under CR 32(a)(2). Ecology argues the motion should be denied because ACC failed to show the depositions are admissible, the witnesses do not fall within the terms of the rule, and the motion was filed untimely on the

Prefiled direct testimony of Dr. James C. Kelley, a professional ecologist with Parametrix, Inc., submitted to the Pollution Control Hearings Board for Washington State in the case of Airport Communities Coalition and Citizens Against Sea-Tac Expansion v. Department of Ecology and Port of Seattle. The testimony addresses wetland delineation, classification, impact assessment, and compensatory mitigation

The Port of Seattle responds to a motion by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) seeking to exclude 17 exhibits as untimely. The Port argues that the Board’s prehearing order only required early identification and completion of plans and reports prepared ‘pursuant to the §401 Certification,’ and that none of the