TagACC(1524)

Thomas R. Luster provides a sworn declaration to the Environmental Pollution Control Hearings Board for the State of Washington in response to a Motion in Limine filed by Ecology seeking to strike portions of his pre-filed testimony. Luster clarifies that he is not serving as a paid expert witness but is providing testimony based on

A letter from Helsell Fetterman LLP attorney Peter Eglick to Presiding Officer Kaleen Cottingham of the Pollution Control Hearings Board regarding the use of a chess clock format during hearings. The letter encloses a Verbatim Report of Proceedings from Thurston County Superior Court in which Judge Hicks denied the Port of Seattle’s Motion to Set

The Pollution Control Hearings Board denied the Department of Ecology’s motion in limine to strike the pre-filed testimony of former Ecology employee Thomas R. Luster, submitted by the Airport Communities Coalition in a challenge to a Section 401 Certification. The Board found that regardless of whether Luster qualified as an expert or lay witness under

The Washington State Department of Ecology filed a motion in limine seeking to strike pre-filed expert testimony of Thomas R. Luster, a former Ecology employee, submitted by the Airport Communities Coalition in PCHB No. 01-160. The motion argues that WAC 371-08-475(7) prohibits former Ecology employees from appearing as expert witnesses in formal proceedings in which

This erratum corrects an omission in the Department of Ecology’s Final Witness and Exhibit List filed with the Pollution Control Hearings Board in case PCHB No. 01-160. The document adds Exhibit No. 240, consisting of photographs of Vacca Farm and Tyee Golf Course. The case involves Airport Communities Coalition and Citizens Against Sea-Tac Expansion as

A joint status report filed with the Pollution Control Hearings Board for Washington State in PCHB No. 01-160, involving the Airport Communities Coalition’s appeal of Clean Water Act Section 401 certifications for the Sea-Tac Airport Third Runway. The parties indicate settlement is unlikely and estimate the hearing will require the full ten days reserved by

Pre-filed testimony of Dr. Patrick C. Lucia, Ph.D., submitted on behalf of the Airport Communities Coalition (ACC) in PCHB No. 01-160, ACC & CASE v. Department of Ecology & Port of Seattle. This is a supplemental binder filed with the Environmental Hearings Office on February 27, 2002.

Certificate of service filed by Rachel Parks, an employee of Helsell Fetterman LLP, certifying that prefiled testimony with exhibits of Dr. Pat Lucia was hand-delivered on February 27, 2002. The document lists the parties and counsel served in this Pollution Control Hearings Board case No. 01-160. The case involves the Airport Communities Coalition and Citizens

This erratum corrects a date error in the Port of Seattle’s List of Witnesses and Exhibits for case PCHB 01-160, involving the Airport Communities Coalition as appellant. The correction pertains to Item No. 136, a Parametrix, Inc. draft memorandum regarding range-finding water-effect ratio results, which should have listed dates of April 1999, February 1999, and

The Port of Seattle filed a reply memorandum in PCHB Case No. 01-160 supporting its motion for partial summary judgment on the SEPA issue (Issue No. 14). The Port argues that the Pollution Control Hearings Board lacks jurisdiction to hear administrative SEPA appeals of Port actions, and that the Port’s August 2001 decision that no