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by the same person or persons under common control, thus contravening a separate requirement <br />of the mobile source definition. 26 <br />The Forest Service erred in authorizing the Project without ensuring compliance with the <br />Clean Air Act. The Act states that federal agencies shall "comply with all Federal, State, <br />interstate, and local requirements, administrative authority, and process and sanctions respecting <br />the control and abatement of air pollution in the same manner, and to the same extent as any <br />nongovernmental entity." 42 U.S.C. § 7418(a). This applies "to the exercise of any Federal ... <br />administrative authority." Id. The Forest Service thus must not authorize Mountain Coal <br />Company to proceed with the Project until Mountain Coal obtains the requisite PSD permit with <br />regard to its methane emissions from the West Elk Mine and meets BACT requirements. <br />REQUEST FOR RELIEF <br />Based on the foregoing Statement of Reasons, Appellants hereby request the following <br />relief: <br />The Regional Forester must withdraw the Record of Decision ("ROD") approving <br />the E Seam Methane Drainage Wells Project. <br />If the Forest Service intends to proceed with the E Seam Methane Drainage Wells <br />Project, it must prepare NEPA documentation (including opportunities for public <br />involvement and appeal) that complies fully with NEPA, the Clean Air Act, and <br />the Administrative Procedure Act, and that addresses all of the issues raised in <br />this appeal. <br />Any decision on this appeal must include a full response to each issue raised in <br />the Statement of Reasons. <br />4. The Regional Forester must direct Forest Supervisor Charles S. Richmond to <br />refrain from committing any further agency resources to implementing the <br />ze This same defect vitiates the entire Forest Service analysis of air quality impacts. In <br />the Project FEIS, the Forest Service claims that, across the board, "Due to the nature of the <br />project (i.e., mobile equipment), no specific permit requirements apply to gaseous emissions." <br />Project FEIS at 58. That premise is flatly wrong. <br />APPEAL OF E SEAM METHANE DRAINAGE WELLS PROJECT, APRIL 28, 2008 PAGE 40