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post -submission. See WildEarth Guardians, Letter to DRMS, (June 25, 2018), attached as
<br />Exhibit 2. DRMS did not deem the application incomplete, and Mountain Coal continued to alter
<br />its permit application. On July 6, 2018, DRMS responded to Conservation Groups with
<br />information that Mountain Coal, in fact, had access to those areas and had previously submitted
<br />the proper documentation. Regardless of whether it was clear or not that Mountain Coal had
<br />access to those private lands, under the law it was required that Conservation Groups be provided
<br />access to permit revision areas. Between the June 21 and 22 site visit and the August 1, 2018
<br />informal conference, Mountain Coal submitted new maps to DRMS and changed the proposed
<br />permit details, including adding another coal panel and altering the panel's orientation,
<br />increasing surface disturbance, and changing the locations of proposed roads.
<br />DRMS held the informal conference in Hotchkiss, CO, on August 1, 2018. The informal
<br />conference was attended by representatives of Conservation Groups, Mountain Coal staff, and
<br />DRMS. During this time, Conservation Groups argued Mountain Coal's significant application
<br />revisions deviated to the point that should have triggered an additional opportunity for public
<br />comment.
<br />Conservation Groups sent a follow-up letter on August 20, 2018, pursuant to MLRB Rule
<br />2.07.4(2)(a) (allowing interested parties to submit additional comments or information after an
<br />informal conference), reiterating that Mountain Coal's significant permit application changes
<br />should have initiated an additional public comment period. See Conservation Groups, Letter to
<br />DRMS, (August 20, 2018), attached as Exhibit 3.
<br />Despite Conservation Groups' concerns, DRMS approved Mountain Coal's PR -15,
<br />without much mention at all to Conservation Groups, on September 4, 2018. See DRMS
<br />Approval of PR -15, (Sept. 4, 2018), attached as Exhibit 4.
<br />III. PR -15's Adverse Effects to Conservation Groups and Members
<br />DRMS regulations provide for "any person with any interest which may be adversely
<br />affected by the proposed decision" to have the right to request a formal hearing before the Board
<br />on the proposed decision, including a decision to approve a permit revision. MLRB Rule
<br />2.07.4(3)(a). Here, Conservation Groups meet the regulatory definition of a "person" and the
<br />standard for demonstrating adverse effects.
<br />At the outset, Conservation Groups are "person[s]" under MLRB Rules. The rules state
<br />that a "person" means:
<br />[A]n individual, partnership, association, society, joint stock company, firm,
<br />company, corporation, Indian tribe conducting surface coal mining and reclamation
<br />operations outside Indian lands, any other business organization, and any agency,
<br />unit or instrumentality of Federal, State, or local government including any publicly
<br />owned utility or publicly owned corporation of Federal, State, or local government.
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