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41 <br />1 MR. PAULIN: So you're saying that the <br />2 board has -- if we want -- if the board should so <br />3 <br />I decide or make a motion to tell you today that you <br />4 don't have standing -- you didn't have standing in <br />5 March, then you want that -- if that's what we're <br />~ 6 going to do, you want that decision today? <br />7 MR. ANDERSON: Yes, please. <br />8 MR. MORRIS: This is Walt Morris. May I <br />9 respond to his arguments? <br />1 10 MR. PAULIN: Yes. <br />11 MR. MORRIS: The standing question is <br />12 twofold. What Steve Brown talked about -- has <br />13 talked about to this point is really a legal <br />14 question of whether a coal operator ever is <br />15 adversely affected by a DMG decision to vacate a <br />16 notice of violation written against that coal <br />17 <br />i operator, and I support everything that Steve <br />18 Brown -- and the Tatums support everything that the <br />19 Steve Brown has said. <br />20 There's a separate question, however, in <br />21 this case now, and that is having gone through the <br />i 22 hearing that we went through in March with no <br />23 evidence put before the board whatsoever to show <br />24 that Basin may have suffered harm, what the judge <br />25 found down in Las Animas County was that the <br />