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Revello

08/13/18 1:21 PM

#1366 RE: Warzone #1365

I don't know. It doesn't prevent Excelsior Mining and the petitioners from reaching a compromise agreement, and if anything, I would think the delay would provide an incentive to Excelsior to try to reach a quick compromise agreement.

Problem with a compromise agreement is that the petitioner consists of a variety of activist groups -- and trying to herd them into an agreement may be difficult and time consuming.

I'm not real keen on the reasons cited by EPA Region 9 for the delay -- about having to consult with EPA Headquarters in DC on several of the appeal issues -- primarily, the Indian consultation issue and NEPA equivalency and cumulative effects issues -- and having to consult with EPA Region 8 on possible parallels between similar raised issues with a UIC permit Region 8 tried to issue. It's not a good sign if multiple layers of EPA counsel and program staff have to coordinate on responses. The old "too many chefs spoil the broth" concern.

I really hope Excelsior Mining can reach a reasonable, QUICK compromise with the appeal petitioners so that we can proceed forward with financing and construction. Operative words -- reasonable, and quick.