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<br />remaining permitting steps can occur, and any resulting federal court challenges can be <br />addressed, while time remains in the 2008 drilling season. <br />CONCLUSION <br />For the foregoing reasons, the Board should decline to render a determination on the <br />adequacy of the federal NEPA process. If the Board does choose to make a determination, it <br />must conclude that the process complied with federal law. Similarly, the Board should refuse to <br />impose either a methane flaring or capture requirement, and affirm TR-111 as proposed. Finally, <br />the Board should reject any changes to the TR-111 and TR-112 permitting processes. <br />Dated: July 1, 2008 DORSEY & WHITNEY LLP <br />Willi * B. Prince (UT Bar No. 2653) <br />Michael R. Drysdale (MN Bar No. 3928) <br />Scott Sinor (CO Bar No. 32070) <br />Republic Plaza Building <br />37017 th Street, Suite 4700 <br />Denver, CO 80202-5647 <br />Attorneys for Mountain Coal Company <br />4842-4129-1266\7 <br />12