TagPort Of Seattle(2611)

Pollution Control Hearings Board (PCHB) Order No. 01-160 ruling on ACC (Airport Communities Coalition) Motion To Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses. The Board admitted specific deposition segments under CR 32(a)(2) and CR 30(b)(6) for deponents Tom Fitzsimmons, Gordon White, Ray Hellwig, Ann Kenny, Erik Stockdale, John Drabek, Kevin Fitzpatrick, and

Summary Statement for Deposition Publication filed pursuant to Order Granting Appellant’s Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses, dated March 19, 2002, in ACC & CASE v. Department of Ecology & Port Of Seattle, PCHB No. 01-160. Deponent Erik Stockdale, Ecology’s wetlands staffperson, deposed January 23, 2002. Offered by Airport

This is a transcript from a March 19, 2002 hearing before the Washington State Pollution Control Hearings Board, in which the Airport Communities Coalition and Citizens Against SeaTac Expansion challenged the State Department of Ecology and the Port of Seattle over issues related to Sea-Tac Airport expansion. The case (PCHB No. 01-160) was heard over multiple days in Lacey, Washington, with attorneys representing community groups opposing the expansion on one side and state and port officials on the other.

Pre-filed testimony of W. A. Rozeboom, M.B.A., P.E. submitted to the Environmental Hearings Office (PCHB), received March 18, 2002, consisting of an index to exhibits A through P. Exhibits include Northwest Hydraulic Consultants letters to U.S. Army Corps of Engineers (November 1999, February 2001, June 2001, December 2001) commenting on stormwater, hydrology, and hydraulics of

ACC’s reply brief in PCHB No. 01-160 supporting motion in limine to exclude plans and reports produced after February 1, 2002, cutoff date set in the October 30, 2001 Pre-Hearing Order. Arguments center on the plain language of the Pre-Hearing Order prohibiting Ecology and Port Of Seattle from relying on any plan or report prepared

Appellants’ reply brief filed by Airport Communities Coalition (ACC) in PCHB No. 01-160 supporting motion in limine to exclude testimony of Washington State Department of Ecology witness Dave Garland regarding the Port of Seattle’s December 17, 2001 Low Flow Plan. ACC argues Ecology violated CR 26(e)(1)(B) duty to supplement interrogatory responses and the Board’s Pre-Hearing

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

Appellants’ reply brief filed March 17, 2002 in PCHB No. 01-160 by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) via Helsell Fetterman LLP and Smith & Lowney PLLC, supporting their motion to strike the Port of Seattle’s pre-hearing brief. ACC argues the Port manipulated double-spacing in Microsoft Word to stuff additional lines

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