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was also unable to provide any evidence of analysis or even awareness of the numerous methane <br />flaring projects operating in working coal mines in the UK and Australia. Letter of A. Davis, <br />MSHA to E. Zukoski, Earthjustice (Mar. 26, 2008) (MSHA Response, FOIA Control No. <br />OSRV-F2008-517593) at 1, 2, attached as Exh. 19.11 <br />In short, it appears that Mr. Davis and the MSHA District 9 office rejected the potential <br />for flaring based on a cursory review (if that) of the abundant documentation of the long-term <br />safe operation of methane flaring systems at working mines around the globe, of flaring system <br />concepts designed by EPA to provide for both miner safety and the integrity of the environment, <br />and even of the statements of other MSHA officials. While Mr. Davis and the District 9 office <br />have the "responsibility of approving mining plans for all coal mines in the western part of the <br />United States" as he asserts in his February 25 letter, the Forest Service cannot rely on MSHA's <br />statements where they are based on no analysis and contradicted by data. The Forest Service <br />cannot rely on Mr. Davis's conclusions because his conclusions are unsupported by any evidence <br />at all. <br />e. Mr. Davis's Judgment upon which the Forest Service Relies, Has <br />Recently Been Questioned. <br />Fifth, Mr. Davis's statements are further subject to question given recent events. <br />Mr. Davis has emerged as a figure in the failures leading to the 2007 Crandall Canyon Mine <br />disaster in Utah that lead to the deaths of 6 miners and 3 would-be rescuers. See U.S. Senate, <br />Health Education, Labor and Pensions Committee, "Report on the August 6, 2007 Disaster at <br />11 In fact, the only direct evidence of Mr. Davis's consideration of flaring at the West Elk <br />mine come from his notes from meetings with West Elk Mine officials on February 19, 2008, <br />and with Forest Service staff on February 21, 2008. See A. Davis, MSHA, handwritten notes <br />(Feb. 19, 2008), attached as Exh. 20; and A. Davis, MSHA, handwritten notes on "Meeting w/ <br />Forest Service" (Feb. 21, 2008), attached as Exh. 21. There is no evidence he undertook an <br />independent review, conducted any research, or consulted anyone other than the mine operators <br />and the Forest Service. <br />APPEAL OF E SEAM METHANE DRAINAGE WELLS PROJECT, APRIL 28, 2008 PAGE 19