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To this end, under SMCRA regulations, WildEarth Guardians also meets the "person <br />having an interest which is or may be adversely affected" requirement to sustain an informal <br />review. Under OSMRE's regulations, a person that is or may be adversely affected is defined as <br />any person "[w]ho uses any resource of economic, recreational, esthetic, or environmental value <br />that may be adversely affected by coal exploration or surface coal mining and reclamation <br />operations[.]" 30 C.F.R. § 700.5. <br />Through its members, WildEarth Guardians uses resources that are or may be adversely <br />affected by surface coal mining operations at the West Elk mine. Attached to this request is a <br />declaration from WildEarth Guardians member, Jeremy Nichols. See Exhibit 4. This declaration <br />demonstrates that Mr. Nichols uses public lands above the West Elk coal mine, that Mr. Nichols' <br />economic, recreational, esthetic, and environmental interests in these lands are being adversely <br />affected by methane venting operations at the West Elk mine, and that Mr. Nichols may be <br />adversely affected as a result of Mr. Strand's decision not to inspect and enforce. The adverse <br />effects Mr. Nichols is experiencing and may experience include: exposure to unsightly industrial <br />development, loud and smelly industrial activity, diminished air quality, dangers from <br />uncontrolled air emissions, jeopardized safety, degraded environmental quality, and lost aesthetic <br />value of public lands. <br />The declaration of Mr. Nichols demonstrates that WildEarth Guardians, as an <br />organization, is and may be adversely affected by Mr. Strand's decision and therefore has <br />standing for this informal review request to be sustained. <br />III. Mr. Strand's Decision is Contrary to SMCRA, SMCRA Regulations <br />Whenever OSMRE has reason to believe, on the basis of any available information, <br />C! <br />