Ongoing legal action over the air permit does not preclude the building of Thoroughbred. Peabody has a legal permit to construct; the company made the business decision not to do so.

The secretary is making no statements of any kind about Thoroughbred. Because she will be sitting, in effect, as a judge in this case, she is not discussing it with others. Nor is she reading the expressions of opinion that several people have sent to the cabinet since release of the hearing officer's recommendation. But it is her intention to make an objective ruling.

We're not commenting on an ongoing legal proceeding.

Our policy is not to discuss ongoing legal proceedings.

Our policy is we're not going to discuss this while there's an ongoing legal proceeding.

There is an ongoing legal proceeding and our policy is then that we are not going to comment on it while it's ongoing and that remains our policy.