TagACC(1524)

This evidentiary order from the Pollution Control Hearings Board documents decisions made at a March 12, 2002 hearing regarding the admissibility of exhibits for an upcoming appeal. The order covers procedural matters including lead attorney assignments, witness order, exchange of exhibits, motions in limine, preliminary stipulations, and rulings on global or categorical objections including hearsay

The Port of Seattle’s pre-hearing brief submitted to the Pollution Control Hearings Board defending the Department of Ecology’s 401 water quality certification for the third runway and Master Plan Update (MPU) projects at Seattle-Tacoma International Airport. The brief argues that reasonable assurance exists that the projects will not violate state water quality standards, highlighting extensive

The Washington State Department of Ecology’s pre-hearing brief submitted to the Pollution Control Hearings Board regarding the Airport Communities Coalition’s appeal of Ecology’s 401 Certification for the Port of Seattle’s Master Plan Update improvements at Seattle-Tacoma International Airport. The brief outlines Ecology’s position that the 401 Certification was appropriately issued after extensive coordination with experts

The Airport Communities Coalition (ACC) filed a motion in limine before the Pollution Control Hearings Board seeking to exclude plans and reports produced by respondents (State of Washington Department of Ecology and the Port of Seattle) after the deadlines established in the October 30, 2001 Prehearing Order. ACC argues that respondents failed to timely disclose

Declaration by Michael P. Witek of Helsell Fetterman LLP in support of Airport Communities Coalition’s motion in limine before the Pollution Control Hearings Board. The declaration identifies untimely plans and reports offered by the Port of Seattle and Ecology, and attaches exhibits including transcripts, emails, and technical memoranda related to the Third Runway project. The

An exhibit list prepared by the Airport Communities Coalition (ACC) for a Pollution Control Hearings Board proceeding related to Sea-Tac Airport’s Third Runway. The document lists exhibits offered by ACC covering stormwater monitoring data, 401 water quality certifications, NPDES permits, and related correspondence. Port and Ecology objections to each exhibit are noted, including hearsay and

The Washington State Department of Ecology filed this reply in support of its Motion in Limine to preclude Thomas F. Luster from testifying as an expert witness on behalf of the Airport Communities Coalition (ACC) before the Pollution Control Hearings Board. Ecology argues that Luster, a former senior Ecology employee, took an active part in

Declaration by Joan M. Marchioro, an attorney representing the Washington Department of Ecology, submitted to the Pollution Control Hearings Board in PCHB No. 01-160. She states she has no recollection of receiving communication from Tom Luster regarding his intention to submit sworn testimony, and that her only contact with Luster after he left Ecology was

Declaration by Thomas J. Young, an attorney representing the Washington Department of Ecology, filed in PCHB No. 01-160 before the Pollution Control Hearings Board. The declaration authenticates seven exhibits including deposition excerpts of Thomas Luster, facilitated meeting notes, and correspondence related to the Sea-Tac third runway 401 certification review. The case involves Airport Communities Coalition

In March 2002, the Port of Seattle filed a motion asking the Pollution Control Hearings Board to quash a subpoena issued by the Airport Communities Coalition (ACC) seeking testimony from Dr. Linda Logan, an employee of consulting firm Parametrix. The Port argued two reasons for quashing: Dr. Logan did not appear on any party's final witness list as required by the Board's pre-hearing order, and the accompanying notice under Civil Rule 43(f) was improper because Dr. Logan was neither a party nor a managing agent of the Port of Seattle.