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<br />... <br />Mr. Steven G. Renner <br />consideration for violation of the CAPA by the court <br />in which the action is brought. <br />Given the level of deference traditionally afforded Attorney General <br />determinations as to the feasibility of successfully pursuing alternative <br />enforcement actions, we cannot say in this particular case that your <br />resultant decision not to pursue such enforcement was arbitrary, capricious <br />or an abuse of discretion under the Colorado program. <br />While we might have agreed with the AFO Director's April 1993 <br />determination on the basis of the information that was available to him at <br />that time, in light of the subsequent events detailed above, we find that in <br />accordance with 30 CFR 842.1 1(b-(1-(ii-(B-(2) & (4)(v) your agency has <br />shown good cause for not taking further action in this matter. Therefore, a <br />Federal inspection will not be ordered. <br />Sincerely, <br />~~ <br />Ed Kay <br />Deputy erector <br />3 <br />