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It is therefore ironic and frustratingly unfair that now that <br /> MCR and the Trustee have transferred to the USFS the land upon <br /> which steep slope revegetation is to occur, MCR and the Trustee are <br /> suing the Division to prevent that revegetation from being <br /> conducted on USFS land. Yet, the common players from MCR and the <br /> LLC, including the Trustee, want complete reclamation done on the <br /> property the LLC now has acquired from MCR and the Trustee . MCR <br /> and the Trustee and the LLC have "unclean hands" in bringing an <br /> action that inequitably attempts to prevent reclamation from <br /> occurring on USFS land while trying to ensure reclamation on the <br /> LLC' s land. <br /> The Division has filed two motions to dismiss regarding both <br /> third-party complaints : (1) a motion regarding MCR and the <br /> Trustee' s second, third, fourth, and sixth claims for relief and <br /> (2) a motion concerning the LLC' s second and third claims for <br /> relief . Responses to these motions are not due until mid-April. <br /> In the meantime, the Court ordered the parties to engage in a <br /> settlement conference by May 24, 1999; no trial date has been set . <br /> The Division is hopeful that some, if not all, of the claims can be <br /> resolved through this mediation process . The Division' s goal is, <br /> and has always been, to reclaim the Coal Basin mine site <br /> effectively and efficiently. <br /> 10 <br />