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In issuing the June 17, 2020 Cessation Order, DRMS expressly recognized that the <br />federal court orders have stripped Mountain Coal of a lawful right of entry to conduct road - <br />building and tree -cutting activities on the Sunset Roadless Area: <br />Notwithstanding BLM coal leases C-1362 and COC -6732, after reviewing the <br />relevant facts and Orders from the 101h Circuit and the United States District Court, <br />the Division has determined that Mountain Coal has failed to maintain its legal right <br />to enter the Sunset Roadless area at the West Elk Mine. Mountain Coal must <br />immediately cease all surface disturbing activities in in longwall panels LWSS-1, <br />LWSS-2, LWSS-3, and LWSS-4 at the West Elk Mine.6 <br />Having recognized Mountain Coal's lack of authority to continue road -building activities in the <br />Sunset Roadless Area, DRMS must promptly withdraw its approval of MR -446. DRMS should <br />not stand idly by while Mountain Coal seeks to thwart the clear mandate from the Tenth Circuit <br />by continuing to seek state approvals for road -building activities within the Sunset Roadless <br />Area. Further, a decision by DRMS to grant Mountain Coal approval to construct roads into the <br />Sunset Roadless Area with the cessation order in place would be contradictory, arbitrary and <br />capricious. <br />III. MR -446's Adverse Effects to Conservation Groups and Members <br />Conservation Groups will be adversely affected if the proposed decision is approved. See <br />MLRB Rule 2.07.4(3)(a). In addition to specific interests described below, members of the <br />Conservation Groups use lands in the vicinity of the West Elk Mine, including the area proposed <br />under MR -446 for road -building and MDW pad construction, for hiking, photography, wildlife <br />viewing, and other recreational, aesthetic, and educational purposes and intend to continue to do <br />so. Members of the organizations are also residents of Colorado, and individuals who are and <br />will be impacted by the expanded mining area's effects on wildlife, surface water availability, <br />and vegetation on public and private lands used by the groups and their members. Specifically, <br />road construction will destroy wildlife habitat and vegetation, and adversely affect Conservation <br />Groups' members' enjoyment of wildlife, photography, recreation, and the natural and wild <br />character of the Sunset Roadless Area. Below, we detail the specific effects to Conservation <br />Groups and their members. <br />A. WildEarth Guardians <br />Guardians is a non-profit environmental advocacy organization dedicated to protecting <br />and restoring the wildlife, wild places, and wild rivers throughout the American West. Guardians <br />is headquartered in Santa Fe, New Mexico, and has offices in Denver, Colorado and throughout <br />the American West. Guardians has over 200,000 members and activists. Through its Climate and <br />6 Cessation Order at 3 (Ex. D). <br />7 <br />