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that methane capture presents jurisdictional obstacles so complex that capture should not even be <br />considered at West Elk. <br />Second, the ROD itself and Forest Service pronouncements indicate that the Forest <br />Service and the mine are actively pursuing methane capture as an option, in effect pursuing the <br />very alternative that the Forest Service has refused to analyze. According to the ROD, the Forest <br />Service has recommended lands involved in the Project for leasing for the purpose of aiding <br />methane capture. The ROD states that "[b]y completing this work, the first critical step to <br />affording potential methane release mitigation is underway." ROD at 9. These steps toward <br />methane-release mitigation demonstrate that, notwithstanding the claimed "complexities" and <br />"legal limitations," the Forest Service is more than capable of laying the framework for methane <br />capture; indeed, it has already done so. 15 We understand that BLM may offer these lands for <br />lease as early as early August 2008, less than four months away. <br />Forest Supervisor Richmond recently reiterated the steps the Forest Service is taking in a <br />public statement. See C. Richmond, "Capturing methane released by mines is a work in <br />progress," Grand Junction Sentinel (Mar. 23, 2008), attached as Exh. 25. Stating that the "Forest <br />Service agrees wholeheartedly that the vented methane should be contained and used to meet the <br />energy needs of the country[,]" Supervisor Richmond claims that the agency is "working <br />diligently within our authority to achieve this objective" and will continue to "`lead the charge' <br />with our partners to explore options because it is the right thing to do for the environment." Id. <br />15 The Forest Service actions in recommending the lands for lease are part and parcel of <br />this Project, and should be analyzed in a single NEPA document, since they are clearly <br />"connected actions" within the meaning of 40 C.F.R. § 1508.25(a)(1). While capturing methane <br />will have positive impacts in reducing emissions of greenhouse gas emissions, capture may also <br />require the construction of compressor stations, pipelines, and other industrial facilities that may <br />have localized environmental impacts. Any Forest Service consideration of a capture alternative <br />should analyze and disclose the effects of such facilities. <br />APPEAL OF E SEAM METHANE DRAINAGE WELLS PROJECT, APRIL 28, 2008 PAGE 24