TagEcology(797)

Proposed order in PCHB No. 01-160 granting Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) motion in limine to exclude testimony of Washington State Department of Ecology witness Dave Garland. Order bars Ecology from offering Dave Garland’s pre-filed testimony at hearing and precludes reliance on March 6, 2002 memoranda from Dave Garland to

AR026985, Exhibit 751. Meeting agenda for March 14 transmitted via fax from Rachael Paschal Osborn (509-328-8144) on March 17, 2002. Topics include Columbia-Snake River Agreement (Barwin/Phillips/Barbara Markham), Metering Plan review/decision (Barwin/Regional Section Managers/Slattery), transfer of inchoate ground water permits Part II (Barwin/Markham), stormwater to augment base flows as mitigation (Joan Marchioro), work plan priorities (Bonkowski),

Declaration by Michael P. Witek (Helsell Fetterman LLP) filed before the Pollution Control Hearings Board (PCHB), Case No. 01-160, in support of Airport Communities Coalition (ACC) motion to publish depositions of Ecology managers and CR30(b)(6) designated witnesses. Relates to Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001, reissued September 21,

Declaration by Rachael Paschal Osborn, attorney for Airport Communities Coalition (ACC), filed March 13, 2002, in PCHB Case No. 01-160 before the Pollution Control Hearings Board for the State of Washington. Supports ACC’s Motion in Limine to exclude testimony from Dave Garland, a witness for the State of Washington Department of Ecology and Port Of

Airport Communities Coalition (ACC) motion in limine filed with the Pollution Control Hearings Board (PCHB No. 01-160) against State of Washington Department of Ecology and Port Of Seattle, seeking exclusion of plans and reports produced after the February 1, 2002 deadline set in the October 30, 2001 Prehearing Order. Motion specifically targets Ecology Exhibit 13203

Declaration by Michael P. Witek of Helsell Fetterman LLP filed in Pollution Control Hearings Board Case No. 01-160, Airport Communities Coalition (ACC) v. State of Washington Department of Ecology and Port Of Seattle, in support of ACC’s Motion in Limine. Concerns Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001, reissued

Evidentiary Order from the Pollution Control Hearings Board (PCHB), case no. 01-160, filed March 12, 2002, in Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. State of Washington Department of Ecology and Port Of Seattle. Order addresses admissibility of exhibits, witness order, exchange of exhibits, motions in limine (including one for David

Respondent Department of Ecology’s Pre-Hearing Brief filed with the Pollution Control Hearings Board (PCHB No. 01-160) on March 12, 2002, in the matter of Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. State of Washington Department of Ecology and Port Of Seattle. Ecology defends its Order No. 1996-4-02325 (Amended-1), the 401 Certification

In March 2002, the Port of Seattle filed a motion asking the Pollution Control Hearings Board to quash a subpoena issued by the Airport Communities Coalition (ACC) seeking testimony from Dr. Linda Logan, an employee of consulting firm Parametrix. The Port argued two reasons for quashing: Dr. Logan did not appear on any party's final witness list as required by the Board's pre-hearing order, and the accompanying notice under Civil Rule 43(f) was improper because Dr. Logan was neither a party nor a managing agent of the Port of Seattle.

Ecology’s reply brief supporting its Motion in Limine to preclude Thomas F. Luster from testifying as an expert witness for Airport Communities Coalition (ACC) in PCHB No. 01-160. Filed March 11, 2002 with the Pollution Control Hearings Board, State of Washington. Argues that Luster, a former Ecology Senior Expert on water quality certifications and lead