TagACC(1548)

Port Of Seattle joinder filed March 5, 2002 in PCHB No. 01-160 supporting Department of Ecology’s motion in limine to exclude testimony of Thomas R. Luster pursuant to WAC 371-08-475(7). Argues that ER 701 prohibits lay witness opinion testimony and that WAC 371-08-475(7) precludes Luster from serving as an expert, requesting exclusion of all opinion

Letter dated March 4, 2002 from Peter Eglick of Helsell Fetterman LLP to Presiding Officer Kaleen Cottingham of the Pollution Control Hearings Board (PCHB No. 01-160, ACC v. Dept. of Ecology and Port of Seattle) regarding use of a chess clock format during hearing proceedings. Letter argues for a per-side rather than per-party chess clock

Pollution Control Hearings Board (PCHB) Order Denying Motion in Limine in case PCHB 01-160, filed March 4, 2002. Department of Ecology moved to strike pre-filed written direct testimony of Thomas R. Luster submitted by Airport Communities Coalition (ACC), citing WAC 371-08-475(7) prohibiting former department employees from appearing as expert witnesses in proceedings where they took

Motion in limine filed March 4, 2002 by State of Washington Department of Ecology (Ecology) before the Pollution Control Hearings Board (PCHB No. 01-160) seeking to strike pre-filed expert witness testimony of Thomas R. Luster, a former Ecology employee, submitted by Airport Communities Coalition (ACC). Ecology argues WAC 371-08-475(7) prohibits former Ecology employees from appearing

Erratum filed by Washington State Department of Ecology (Ecology) in PCHB No. 01-160, Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. State of Washington Department of Ecology and Port Of Seattle. Adds omitted Exhibit No. 240 — Photographs of Vacca Farm and Tyee Golf Course — to Ecology’s Final Witness and Exhibit

Joint Status Report filed February 28, 2002 in PCHB Case No. 01-160, Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. Washington Department of Ecology and Port Of Seattle. Appeal of Clean Water Act Section 401 Certifications #1996-4-02325 and #1996-4-02325 (Amended-I) for Third Runway and Related Master Plan Updates. Parties report settlement is

This document contains interrogatories and responses from a 2001 Pollution Control Hearings Board case in which the Airport Communities Coalition challenged Washington State Department of Ecology and the Port of Seattle over a Section 401 Water Quality Certification related to Sea-Tac Airport's Third Runway Project. Ecology identified ten expert witnesses, including specialists in water quality certification, wetland mitigation, and stormwater management, who were prepared to testify that the certification's conditions provided reasonable assurance that state water quality standards would be met. The case centered on whether the environmental safeguards imposed on the Third Runway construction adequately protected wetlands and water quality in the surrounding communities.

Pre-filed testimony of Dr. Patrick C. Lucia, Ph.D., submitted on behalf of appellant Airport Communities Coalition (ACC) in PCHB No. 01-160, ACC & CASE v. Dept. of Ecology & Port of Seattle, dated February 27, 2002. Filed with the Environmental Hearings Office as Supplemental Binder #1 of 1, AR 015511-015513. Case involves Sea-Tac Airport expansion

Certificate of Service filed February 27, 2002 by Rachel Parks, employee of Helsell Fetterman LLP, attorneys for Airport Communities Coalition (ACC), in PCHB Case No. 01-160. Certifies hand-delivery of ACC’s and CASE’s (Citizens Against Sea-Tac Expansion) prefiled testimony with exhibits of witness Dr. Pat Lucia to respondents State of Washington Department of Ecology and Port

This legal declaration by Dr. Patrick Lucia, filed in a Washington State Pollution Control Hearings Board case, argues that the Department of Ecology lacks reasonable assurance that fill material used to construct the Sea-Tac Airport Third Runway embankment meets environmental safety standards. Dr. Lucia contends that the certification allows soil concentrations of arsenic and other metals — including cadmium, chromium, lead, mercury, and nickel — that significantly exceed Puget Sound natural background levels. He also criticizes the Port of Seattle's soil sampling approach as arbitrary and unscientific, asserting it fails to meet accepted environmental engineering standards for contaminant testing.