TagACC(1524)
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2001-10-10
Respondent Port Of Seattle’s preliminary list of issues, witnesses and exhibits
The Port of Seattle submits its preliminary list of issues, witnesses, and exhibits to the Pollution Control Hearings Board in response to an appeal by the Airport Communities Coalition. The document outlines 17 potential issues related to the §401 Water Quality Certification for projects at Seattle-Tacoma International Airport, covering topics such as wetland impacts, stream -
2001-10-10
ACC’s reply on motion to file overlength reply brief
The Airport Communities Coalition (ACC) replies to objections from the Washington Department of Ecology and the Port of Seattle regarding ACC’s motion to file an overlength reply brief. ACC argues that Ecology and the Port embedded extensive legal arguments within declarations to circumvent page limits, and that ACC requires additional pages to respond to 56 -
2001-10-10
ACC’s reply memorandum in support of its motion for a stay
This document is a reply memorandum filed by the Airport Communities Coalition (ACC) in support of its motion for a stay, arguing that the Amended Certification sets acceptable soil contamination levels too high to protect water quality. The brief highlights that DOE’s own expert calculations show contaminants like Antimony and Arsenic are permitted at levels -
2001-10-10
Order on motion to file overlength briefs
The Pollution Control Hearings Board reluctantly grants the Airport Communities Coalition’s motion to file an overlength reply brief in case PCHB 01-160. The Board notes that the motion was filed simultaneously with the lengthy reply brief, limiting the remedies available for the Appellant’s failure to comply with an earlier order and stipulation. The excess documentation -
2001-10-10
Order on motion to strike
The Pollution Control Hearings Board granted the Department of Ecology’s motion to strike references to an attorney-client privileged document that was inadvertently disclosed in response to a public records request. The document, a briefing paper prepared by Ecology’s NW Regional Director, was included un-redacted in a public disclosure packet by mistake. The board ordered the -
2001-10-10
Declaration of Dr. Peter Willing in support of ACC’s sur-reply on motion for stay
Dr. Peter Willing submits a declaration in support of the Airport Communities Coalition’s sur-reply on a motion for stay before Washington’s Pollution Control Hearings Board. The declaration challenges the Port of Seattle’s commitment to retrofitting the existing stormwater system at Sea-Tac Airport, arguing that the ‘extent practicable’ standard is undefined and does not meet AKART -
2001-10-10
Declaration of Dr. Peter Willing in support of ACC’s sur-reply on motion for stay
In this 2001 declaration filed before Washington State's Pollution Control Hearings Board, Dr. Peter Willing challenges the Port of Seattle's commitment to improving stormwater management at Sea-Tac Airport. He argues that the Port's pledge to retrofit its stormwater system 'to the extent practicable' is vague, undefined, and falls short of required water quality standards. Dr. Willing also contends that the four best management practices listed in the Port's Stormwater Master Plan are largely inadequate, as most do not go beyond basic King County water quality requirements. -
2001-10-10
Motion to strike attorney-client privileged documents
The Washington State Department of Ecology filed a motion before the Pollution Control Hearings Board seeking to strike attorney-client privileged documents inadvertently disclosed to the Airport Communities Coalition (ACC) in response to a public disclosure request. Ecology argued that because the privileged information was disclosed unintentionally, the attorney-client privilege was not waived and ACC should -
2001-10-10
Declaration of Andrea Grad in support of ACC’s opposition to Ecology’s motion to strike attorney-client privileged documents
Andrea Grad, a paralegal with Helsell Fetterman LLP representing the Airport Communities Coalition, declares that she submitted public disclosure requests to the Washington Department of Ecology regarding the Port of Seattle’s third runway applications. She describes how, after Ecology issued its Section 401 certification decision on August 10, 2001, she requested previously withheld deliberative documents -
2001-10-10
Respondent Department of Ecology’s statement of issues, and preliminary witness and exhibit list
The Washington State Department of Ecology submits its statement of issues, preliminary witness list, and exhibit list before the Pollution Control Hearings Board in a case brought by Airport Communities Coalition against the Department of Ecology and Port of Seattle. The central issue is whether Ecology had reasonable assurance that water quality standards would be