TagPort Of Seattle(1845)

Letter dated January 15, 2002 from Peter J. Eglick of Helsell Fetterman LLP to Hon. Kaleen Cottingham, Presiding Officer of the Pollution Control Hearings Board, in PCHB No. 01-160, ACC v. Dept. of Ecology and Port Of Seattle. ACC opposes Port Of Seattle’s emergency request for status conference, arguing it is premature pending ACC’s response

Port Of Seattle motion filed January 2002 in PCHB No. 01-160 before the Pollution Control Hearings Board for the State of Washington, opposing Airport Communities Coalition (ACC). Port Of Seattle moves to compel ACC to make designated witnesses available for deposition per the Board’s Prehearing Order of October 30, 2001, and to impose CR 34(b)

Washington State Department of Ecology’s response to Airport Communities Coalition (ACC) motion for summary judgment in PCHB No. 01-160, filed January 14, 2002 before the Pollution Control Hearings Board. Ecology argues that a water right is not required for reasonable assurance that water quality standards will be met under Clean Water Act § 401 Certification.

Port Of Seattle memorandum filed January 14, 2002 in PCHB No. 01-160, opposing ACC’s Motion for Partial Summary Judgment on the issue of whether a water right is required for the Third Runway § 401 Certification stormwater management system. Port argues no water right has ever been required to manage stormwater in Washington under NPDES

In early 2002, the Port of Seattle filed a legal memorandum seeking to compel the Airport Communities Coalition (ACC) to make its witnesses available for deposition and to place limits on a requested inspection of Port property near Sea-Tac Airport. The Port objected to ACC's demands for unrestricted site access for 17 people, unlimited environmental sampling across 18 acres of wetlands and multiple creeks, and refusal to disclose sampling locations or methods in advance. ACC, in turn, refused to schedule any depositions until the site visit dispute was resolved.

Airport Communities Coalition (ACC) motion filed in PCHB No. 01-160 before the Environmental Pollution Control Hearings Board for the State of Washington, seeking to extend the discovery schedule against Port Of Seattle and Department of Ecology. ACC requests extension of Port Of Seattle witness deposition deadline from February 1, 2002 to February 25, 2002; final

Declaration by Michael P. Witek filed in PCHB Case No. 01-160 (Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle) supporting ACC’s motion to compel inspection of Port Of Seattle property and to extend discovery schedule. Document relates to Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August

Proposed order in PCHB No. 01-160 granting Airport Communities Coalition (ACC) motion to compel inspection of Port Of Seattle property. Orders Port Of Seattle to confer with ACC counsel within two days to schedule site visits for ACC experts, counsel, paralegal, and two client representatives to observe, photograph, and sample wetlands, soils, and streams within

Proposed order from the Washington Pollution Control Hearings Board (PCHB No. 01-160) granting Airport Communities Coalition (ACC)’s Motion to Extend Discovery Schedule. Extends time for ACC to depose Port Of Seattle witnesses from February 1, 2002, to February 25, 2002; extends filing of ACC’s final exhibit list from February 8, 2002, to March 1, 2002;

Port Of Seattle motion filed January 11, 2002 in PCHB No. 01-160 before the Pollution Control Hearings Board, State of Washington, seeking to compel Airport Communities Coalition (ACC) to produce all documents responsive to the Port’s Requests for Production propounded November 9, 2001. ACC refused to produce any documents in response to Request for Production