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Michael B. Long, Director <br />September 1, 1994 <br />Page 5 <br />These factors establish the State's right to intervene as a statutory party in the <br />pending cases challenging the NOV before Judge Child and appealing the denial of <br />temporary relief to the IBLA, and to participate in OSM's assessment conference. <br />Petitions to intervene in the fast two cases probably should state that the State accepts the <br />existing procedural posture and schedule. This would avoid any suggestion that <br />intervention should be denied because it would unduly delay the cases or require the <br />hearing record to be reopened. The State can participate effectively, however, by <br />submitting briefs under the current schedule. <br />We would like to discuss the State's intervention further with you and others who <br />will make the decision, particularly in light of the errors in the factual summary <br />accompanying Bob Uram's letter to Governor Romer dated August 25, 1994. <br />Sincerely yours, <br />DUFFORD & BROWN, P.C. <br />~~ ¢ <br />Richard L. Fanyo <br />Enclosure <br />cc: James T. Cooper <br />Richard A. Munson, Esq. <br />376)J, 8~3JN! <br />