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Defendant Battle Mountain Resources, Inc. ("Battle Mountain"), by its attorneys, respectfully submits this Response Brief to Costilla County Committee for Environmental Soundness' Opening Brief. INTRODIICTION On March 22, 1989, the Colorado Mined Land Reclamation Board ("MLRB" or "Board") issued a reclamation permit (the "Permit") in Costilla County, Colorado pursuant to the Colorado Mined Land Reclamation Act ("CMLRA"), $§ 34-32-101 et sea., C.R.S. (1984 Replacement Vol. 6) and the Rules and Regulations of the Mined Land Reclamation Board, 2 C.C.R. 407-1. Plaintiff Costilla County Committee for Environmental Soundness ("CES") filed the Complaint filed the Complaint in this action on April 21, 1989. STATEMENT OF THE CAGE AND BIIMMARY OF ISSUES Battle Mountain submits that the Opening Brief ~f Costilla County Committee for Environmental Soundness is an inaccurate ~ Battle Mountain has previously contested through a Motion to Dismiss the standing and capacity of CES to bring this action for judicial review. The Motion ~to Dismiss was denied by the court, with the reservation that the court's ruling wasp subject to reconsideration should additional facts be discovered. Immediately after receiving the court's order Battle Mountain and the MLRB sought to depose certain members of CES for the purpose of discovering facts relative to standing and capacity. CES filed a Motion for Protective Order, requesting that the court prohibit the depositions. Battle Mountain and the MLRB jointly filed a response. CES' Motion is still pending before the coux•t. Because the issues of standing and capacity have not been resolved, Battle Mountain reserves all rights to challenge this action upon those grounds and any statements in this brief concerning CES or its purported members are made for argument only and should not be considered a waiver by Battle Mountain of its right to challenge CES' standing or capacity to bring this action.