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Mining Laws and Regulations (October 20, 2017). The complaint alleged that Arch Coal was <br />violating the conditions of its permit on the basis that the company was failing to comply with <br />applicable State and Federal air quality laws and regulations. As alleged in Guardians' <br />complaint, methane venting operations at the West Elk mine, which constitute a surface coal <br />mining activity, have led to ongoing unreported and unpermitted releases of harmful volatile <br />organic compound ("VOC") emissions. The complaint provided detailed information from <br />Colorado air quality regulators documenting that in the course of venting methane emissions, <br />regulated VOC emissions are released at levels that exceed legally required reporting and <br />permitting thresholds. As alleged in Guardians' complaint, Colorado air quality regulators have <br />consistently documented these violations since at least 2012. <br />On November 28, 2017, Mr. Strand responded to WildEarth Guardians' complaint, <br />declining to inspect and take enforcement action. See Exhibit 2, Strand, H., "Response to <br />WildEarth Guardians' Citizens Complaint and Request for Federal Inspection" (Nov. 28, 2017). <br />Mr. Strand asserted that Guardians' complaint "[did] not provide reason to believe a violation <br />exists under SMCRA[.]" <br />In support of his denial, Mr. Strand asserts that because the Colorado Air Pollution <br />Control Division ("APCD"), the State's air regulatory agency, has not found Arch Coal to be out <br />of compliance, OSMRE lacks any legal authority to make a finding that the company is violating <br />its coal mining permit by failing to comply with applicable State and Federal clean air laws and <br />regulations. This argument lacks merit. <br />Most importantly, Mr. Strand's argument is belied by the fact that he failed to review and <br />respond to Guardians' complaint in the manner required by SMCRA and SMCRA regulations. <br />Critically, Mr. Strand failed to assess whether the facts alleged in Guardians' complaint would, if <br />2 <br />