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113LA 2007-213 <br />afford all prospective bidders a fair and equal opportunity and <br />prevent arrangements that diminish competition, <br />B. The Offending Special Stipulations and the arrangements between <br />[UAE] and OSO contravene the MLA, as Amended by the Reform Act, <br />by stifling competition and affording undue advantage to a single <br />bidder. <br />C. The Offending Special Stipulations are unreasonable, overbroad and <br />unduly onerous; the BLM's objectives could have been 7ccomptished <br />through less stringent stipulations that would not have impaired either <br />the ability of bidders (other than Oso) to compete for the subject oil <br />and gas leases or the public interest under the MLA. <br />D. The Offending Special Stipulations constitute and effect an improper <br />and illegal delegation of administrative powers and authority. <br />E. The BLM's decision must be reversed because it was premised on a <br />demonstrable error of fact; the subject parcels are being leased for the <br />capture of drillhole gas, not the capture of VAM. <br />F. The BLM's decision must be reversed because it was premised upon a <br />clear error of law; federal methane from the Aberdeen Mine must be <br />leased under the MLA, not disposed of under FLPMA. <br />SOR at 16-17. <br />BLM's Answer defends the stipulations attached to the leases and contends <br />that the lease sale was not anti-competitive, but agrees with the State Director that <br />the leases are not MIA leases at all. Citing the State Director's holding that VAM is <br />not "gas" within the definition at 43 C.F.R. § 3000.0-5, BLM acknowledges that the <br />State Director's belief that VAM was to be captured was misguided, but concludes in <br />any event that neither "VAM [n]or MVG" (mine vent gas) falls within the regulatory <br />definition of "gas." Answer at S. <br />UAE responds in suunort of the ci ton but-I)timahL3L-tcLdefend.2.g <br />Vessels' charges that Oso and UAE engaged is some form of illegal conspiracy under <br />30 U.S.C. § 195(a) (2000). UAE asserts that "in a world of free competition, the fact <br />that one party (Oso) is successful and another is not in acquiring a contract, alone, <br />does not create grounds for a claim of unfair competition." UAE Answer at 8. UAE <br />acknowledges debate over whether the MLA applies to the lease at all and "does not, <br />by [its} pleading, concede that the [MLA] is applicable." Id. at 4 n.1. <br />175 IBLA 19 <br />lZ/Z! 'd [Ut'ON d191 IM W,Jfi:zl AU17 V IMP