Free Status Report - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

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Filed 08/25/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-CV-02163-PAC-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. El PASO GOLD MINES, INC. (a.k.a., EL PASO PROPERTIES, INC.) Defendant. ______________________________________________________________________________ PLAINTIFFS' STATUS REPORT ______________________________________________________________________________

Plaintiffs Sierra Club and Mineral Policy Center (also known as Earthworks) hereby file this Status Report as required by this Court's August 15, 2006 Minute Order. 1. In the Court's Order of August 15, 2006, the Plaintiffs were to report by August

25, 2006 whether they intended to conduct an additional inspection of the interior of the Roosevelt Tunnel by August 31, 2006. 2. For the reasons set forth herein, Plaintiffs have decided not to conduct another

inspection of the interior of the Roosevelt Tunnel. Plaintiffs have recently been informed by several sources that the conditions inside the tunnel are unsafe for passage from the portal to the El Paso shaft. For example, the State of Colorado recently informed Plaintiffs that they would not participate in a tunnel inspection because they were aware of unsafe conditions inside the tunnel. Defendant El Paso Gold Mines ("EPGM") also informed Plaintiffs that the Cripple 1

Case 1:01-cv-02163-BNB-MEH

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Creek & Victor Gold Mining Company attempted to remediate unsafe conditions inside the tunnel in 2005 but were unsuccessful. In addition, despite numerous attempts, Plaintiffs were not able to secure the services of a professional mine safety expert to accompany an inspection party during an in- tunnel inspection on or before August 31, 2006. For these reasons, it was doubtful that Plaintiffs would be able to inspect the entire length of the tunnel from the portal to the El Paso shaft prior to August 31, 2006.

Respectfully submitted by, August 25, 2006 s/ John Barth _________________________ John M. Barth, #22957 Attorney at Law P.O. Box 409 Hygiene, CO 80533 (303) 774-8868 Roger Flynn, Esq. # 21078 Jeffrey C. Parsons, Esq. #30210 WESTERN MINING ACTION PROJECT 2260 Baseline Road, Suite 101A Boulder, CO 80302 (303) 473-9618 COUNSEL FOR PLAINTIFFS

CERTIFICATE OF SERVICE I do hereby certify that on this 25th day of August 2006 a true and accurate copy of PLAINTIFFS' STATUS REPORT was filed with the Electronic Case Filing system which is then to serve the same on the following by electronic means: Steve Harris Merrill Anderson & Harris 2

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20 Boulder Crescent Colorado Springs, CO 80903-3300 [email protected] Connie King Law Firm of Connie King, LLC 4711 Constitution Ave. Colorado Springs, CO 80915 [email protected] s/ John Barth __________________________ John Barth

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