Excelsior Mining Corp (EXMGF)

[Revello]

The petitioner gets 15 days to reply after EPA/Excelsior Mining file their responses to the appeal petition. So if EPA and Excelsior have until October 12th to file their responses, add 15 days + 7 days (extension), and that is about November 5th.


The petitioner can't raise new issues or arguments in the reply brief. They have to focus on replying to the issues addressed in the response briefs filed by EPA and Excelsior Mining.

Just a heads up/fyi -- some other party who's not an appeal petitioner could decide to join in the appeal with a amicus curiae brief (e.g., Earthworks, another mining company). Any interested person may file an amicus brief in any appeal pending before the Environmental Appeals Board under 40 CFR 124.19, and the deadline for filing such brief is 15 days after the filing of the response brief (15 days after October 12th). That sucks that we won't know if someone else wants to join in with an amicus curiae intervention -- would just add more delay as then Excelsior and EPA might have to address the arguments made by the Amicus (if the amicus curiae intervenor is siding with the appeal petitioner).