TagACC(1524)

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

Prefiled testimony of Joseph Brascher, a hydrologist with AQUA TERRA Consultants, submitted to the Pollution Control Hearings Board for the State of Washington in a case involving the Airport Communities Coalition and Citizens Against Sea-Tac Expansion versus the Washington Department of Ecology and the Port of Seattle. The testimony covers low streamflow modeling at Seattle-Tacoma

The Airport Communities Coalition filed a motion in limine seeking to exclude pre-filed and hearing testimony from Ecology’s Dave Garland regarding the Port of Seattle’s December 2001 Low Stream Flow Analysis. ACC argues Ecology failed to disclose Garland’s March 6, 2002 review memo and failed to identify the subject matter of his testimony despite repeated

The Airport Communities Coalition (ACC) filed a motion to strike the Port of Seattle’s pre-hearing brief, alleging it violated the Pollution Control Hearings Board’s Pre-Hearing Order by manipulating margins and line spacing to exceed the 30-page limit. ACC argues the Port effectively submitted a 37-page brief while ACC and CASE had to cut their own

A proposed order from the Pollution Control Hearings Board granting Airport Communities Coalition and Citizens Against Sea-Tac Expansion’s motion in limine to exclude testimony of Dave Garland of the Washington Department of Ecology. The order bars Ecology from offering Garland’s pre-filed testimony at hearing and from relying on his March 6, 2002 memorandum to Ann