TagEcology(797)

Airport Communities Coalition (ACC) reply brief in PCHB No. 01-160 supporting motion to publish depositions of Ecology managers and CR 30(b)(6) designated witnesses at hearing. Filed March 18, 2002 before the Pollution Control Hearings Board, State of Washington. Argues CR 32 allows depositions of officers, directors, or managing agents of governmental agencies to be used

Proposed order in PCHB No. 01-160 granting Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) motion to publish depositions of Ecology managers and CR 36(b)(6) designated witnesses. Depositions of Ann Kenny, Erik Stockdale, Gordon White, John Drabek, Ray Hellwig, Tom Fitzsimmons, Kevin Fitzpatrick, and Peter Kmet admitted into the record for any purpose.

Pollution Control Hearings Board (PCHB) Order in case PCHB No. 01-160, granting Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) motion in limine to exclude late-filed plans and reports submitted by respondents State of Washington Department of Ecology and Port Of Seattle. Excluded exhibits include Exhibit No. 1320 (Embankment Modeling Report), Exhibit No.

Ecology’s response filed before the Pollution Control Hearings Board (PCHB No. 01-160) opposing ACC’s motion in limine to exclude testimony of Dave Garland regarding the Port of Seattle’s December 2001 Low Flow Plan and groundwater modeling for embankment fill. Ecology argues ACC was aware of Garland’s role through interrogatory answers, his January 9, 2002 deposition,

Respondent Washington State Department of Ecology concurs with and joins Port Of Seattle’s response to Appellants’ Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) Motion in Limine to Exclude “Late-Produced” Plans and Reports, filed March 15, 2002 in PCHB No. 01-160. Signed by Assistant Attorneys General Jeff B. Kray (WSBA #22174), Joan M.

State of Washington Department of Ecology’s response opposing Airport Communities Coalition (ACC) motion under CR 32(a)(2) to publish over 1,424 pages of deposition transcripts in lieu of direct testimony in PCHB No. 01-160. Ecology argues depositions of Fitzsimmons, White, Hellwig, Kenny, Stockdale, Drabek, Fitzpatrick, and Kmet are inadmissible, that ACC failed to timely file the

Motion filed by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) in PCHB No. 01-160 before the Pollution Control Hearings Board, seeking leave to publish depositions of Ecology director Tom Fitzsimmons, Gordon White (Director of Shorelands and Environmental Assistance), and Northwest Region Director Ray Hellwig under CR 32(a)(2), plus CR 30(b)(6) designated witnesses

ACC (Airport Communities Coalition) and CASE (Citizens Against Sea-Tac Expansion) filed their Anticipated Order of Witnesses for PCHB No. 01-160 before the Pollution Control Hearings Board for the State of Washington, with respondents State of Washington Department of Ecology and Port of Seattle. The document lists 16 witnesses in order: Sally Nelson, Ann Kenny, Tom

Port Of Seattle submits errata to the Pollution Control Hearings Board (PCHB 01-160) correcting prefiled testimony of James C. Kelley, Ph.D. and Joseph Brascher. Kelley’s testimony contained typographical errors on three pages; Brascher’s testimony omitted the final two lines of paragraph 39 due to computer pagination differences. Corrected testimony addresses wetland delineation, ACOE field review,

Motion in limine filed by Airport Communities Coalition (ACC) in PCHB No. 01-160 before the Pollution Control Hearings Board for the State of Washington, seeking exclusion of prefiled and hearing testimony from Ecology witness Dave Garland. ACC argues Ecology failed to disclose Garland’s March 6, 2002 memo reviewing Pacific Ground Water Group (PGG) embankment modeling