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<br />upon it. If Kerr is not granted temporary relief and decides to <br />avoid civil penalties by beginning abatement actions ordered by <br />OSM, such actions will undermine the permitting decisions the Di- <br />vision has made concerning reclamation standards, and puts Kerr <br />at risk of being in violation of its state permit. <br />Thus, given that OSM's actions affect the Division's au- <br />thority over permitting and reclamation decisions under the coop- <br />erative agreement concerning federal lands, and that abatement <br />action may undermine or supersede the Division's permitting deci- <br />sions, the outcome of this appeal concerning interim temporary <br />relief will or may adversely affect the Division's interests. <br />Accordingly, the Division under the Code has the right to now <br />intervene as a full party at this stage of the proceedings. 43 <br />C.F.R. §§ 4.1105(a), (c) and 4.1110(c). <br />9. The intervention of the Division in this matter will <br />not disrupt the expedition of the proceedings. It is the Divi- <br />sion's understanding that the Board has not set a briefing sched- <br />ule. The Division does not seek to delay the Board's ruling, and <br />hereby submits the attached brief to support its claim. <br />WHEREFORE, the Division requests leave to intervene as a <br />full party in the above-captioned matter. <br />GALE A. NORTON <br />Attorney General <br />STEPHEN K. ERKENBRACK <br />Chief Deputy Attorney General <br />TIMOTHY M. TXMKOVICH <br />Solicitor General <br />PATRZCIA S. BANGERT <br />Deputy Attorney General <br />JERRY W. GOAD <br />First Assistant Attorn y General <br />~/ ~ ~C/ \ _ <br />CHERYL A. LINDEN, 14185* <br />Assistant Attorney General <br />Natural Resources Unit <br />-3- <br />