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Duane Woodard <br />Attorney General <br />Charles 8. Howe <br />Chief Deputy Attorney General <br />Richard H. Forman <br />Sohcil or General <br />III IIIIIIIIIIIIIIII <br />or coo sss <br />~~. "`- ~ <br />m _~1~= ~ ~`: o <br />r <br />~~ <br />Jg7b <br />ul,r ~T~Tr of Lnl~,raln <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />M E M O RAN D U M <br />T0: Fred Banta <br />Supervisor, Coal Program <br />Mined Land Reclamation Division <br />FROM: Robert A. Hykan '(;If~l <br />Assistant Attorney General <br />Natural Resources Section <br />RE: American Fuels Hearing <br />DATE: September 26, 1985 <br />STATE SERVICES BUILDING <br />1525 Sherman Street <br />Denver. Colorado 80203 <br />Phone 866361 1 8 866 3621 <br />r I:u. [Y~~J~ ~ Y <br />'°' ~ PVM M1 <br />SEP ~ r1 i9b~ <br />I~41,'Vc1) L.4. <br />T.~~,~\S,,-, \; <br />I want to follow up on our telephone conversation of <br />this date regarding my non-appearance at the above-referenced <br />matter. As I told you, I assumed that the staff would handle <br />this matter on its own, as it had done at the August board <br />meeting. Sue Mowry and I never specifically discussed whether <br />I would be at the meeting or not. <br />The staff has presented many other enforcement mat*_ers <br />that involve thorny legal issues. In contrast, this matter <br />did not require any presentation of evidence or legal analysis. <br />The only issue was the discretionary one of whether the board <br />had run out of patience with American Fuels, and desired now <br />to press its enforcement remedies. <br />A11 of the above is by way of explaining my thinking, <br />not justifying what happened. I should have discussed speci- <br />fically with Sue whether I would attend the meeting or not. <br />She assumed, quite properly, that I would attend. We had <br />discussed how to approach this matter, and it was only natural <br />that she expected me to be at the meeting to follow up on that. <br />Sue should not be held responsible in any way for this situation. <br />The outcome <br />a fact that you and <br />members of the Colo <br />also recognize that <br />being prepared, and <br />embarrassment which <br />before the board was fine, and I know for <br />your boss think of yourselves as ex-officio <br />rado bar anyways. Seriously, though, I <br />you had to do some fast thinking without <br />want to apologize for any discomfort or <br />I caused you or Sue. <br />cc: Sue Mowrv <br />