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<br />sufficiently "serious, substantial, difficult and doubtful" to warrant a carefitl decision on the merits. <br />Accordingly, temporary relief is appropriate to allowthe Court st>flicient time to review the cuntplete <br />recurd and consider the detailed arguments of counsel. <br />C. Public Health or ~fety/SiEnificant Imminent Environmental Harm <br />Granting the Tatttms' application for temporary relief would not adversely afti:ct the public <br />health or satery or cause significant, imminent envimnmcntal harm. The object of the hearing that <br />the Tatums ask the Court to postpone is not the remediation of coal mine subsidence damage bul <br />Basin's quest to avoid liability Corcausing it. Pustponingihe scheduled hearing could not in any way <br />impair tl,e public health or safety or cause environmental harm. Indeed, postponing and ultimately <br />cancelling the scheduled hearing will advance the remedial purposes of the Colorado Surface Coal <br />Mining Reclamation Act by enabling the Tatutns to prosecute their pendine damage suit more <br />rapidly and effectively. <br />irreparable Harm Ia Not a Relevant Criterion for Temporary Relief <br />In its recent hriefto this Court, Basin faults the Tatttms for failing to allege or offer proof of <br />irreparable harm to their interests in the absence of temporary relief. Basin cites Colo. Rev. Slat. § <br />24-4-106(8) as authority for the proposition that such a showing is necessary. As the Tatt~ms have <br />established earlier in this brief, the specific provisions of Colo. Rev. Stat. § 34-33-128 govent the <br />availability of temporary relief under the Colorado Surface Coal Mining Reclamation Act. the <br />conflicting provisions of the APA do not apply. Irreparable harm is not a relevant criterion for <br />tcmporan~ relief under § 34-33-128(3); that is why the'1-alums have nut alleged or offered pruuf of <br />imcparable harm in this case. <br />_ 17_ <br />