ONE HUNDRED ONE NORTH CARSON STREET a 555 EAr WASHINGTON AVENUE, SUITE 5100

CARSON CIrv, NEVADA 89701 LAS VEGAS, NEVADA 89101

OFFICE: (775) 684-5670 OFFICE: (702) 486-2500
FAX No.: (775) 684-5683 FAX No.: (702) 486 -2505

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JIM GIBBONS
GOVERNOR

March 25, 2010

The Honorable Catherine Cortez Masto

Attorney General of the State of Nevada
100 North Carson Street
Carson City, Nevada 89701-4717

RE: Matters where legal action was requested

Dear Attorney General Masto:

This letter serves to acknowledge receipt of your correspondence dated March 24, 2010 in
response to my request for action on the recently passed healthcare legislation.

In your letter you state that your office will review the legislation and analyze its constitutionality.
I fully understand the demands placed on your deputies considering the recent necessary budget
reductions and hiring freeze. However, I am deeply concerned that I have yet to receive an answer on
those matters, not just the health care matter, but others in which I have requested your office take action.

On January 22. 2010, my office sent you a drafted proposed Petition for Writ of Mandamus to be
filed on behalf of the Nevada Department of -J ransportation (NDOT) requesting the $45 million
earmarked in the Safe, Accountable. Flexible, Efficient Fransportation Equity Act: A Legacy for Users
for the California-Ne~ ada Super Speed Train Commission for the Maglev project between Las Vegas and
Primm, Nevada, as a segment of the high-speed Maglev system between Las Vegas, Nevada, and
Anaheim, California. On January 28, 2010, the Director of NDOT and our office requested status from
your office on this matter. The following day, two deputies were assigned to review this matter and make
a determination as to whether your office would initiate the requested legal action and whether to hire
outside counsel. On February 3, 2010, the NDOT Director expressed to your office the urgency of
moving forward with legal action in order to acquire the $45 million for Nevadajobs. On February 11.
2010, still having no action taken on the requested litigation, my Chief of Staff. Robin Reedy met with
you personally to express the necessity of commencing a timely legal action. To this day. ~e do not have
an answer as to whether you will initiate an action on behalf of the State and specifically NDOT,
requesting the $45 million that has been earmarked for Nevada for years.

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Attorney General Catherine Cortez Masto
March 25, 2010

On another matter, in November of last year, my office sent you information on Earlhworks v.
Department ofthe Interior, a pending lawsuit involving the Bureau of Land Management’s rules on
location, recordation and maintenance of mining claims and sites and on mining claims under the general
mining laws. On the Nevada Commission on Mineral Resources’ recommendation, we requested your
office intervene in the lawsuit. On December 11, 2009, my General Counsel, Adriana Fralick inquired
from your office about the status of our request and was advised that further review by your office was
needed. Ms. Fralick followed-up on December 21, 2009 and was given the same response. On February
22, 2010, members of my senior staff and the Administrator for the Commission on Mineral Resources
met with you about this matter. Our offices are still waiting for a final decision on whether you will
represent Nevada on this important issue that impacts mining claims.

Considering the above, you can understand my frustration when you tell me that you need to vet
the healthcare legislation issue for its constitutionality. I made it clear in late December of last year that if
the healthcare bill passed, I would ask you to challenge its constitutionality. My office was told that you
could not act until after President Obama signed the bill into law. Now I am told that your office will not
make a determination until after the reconciliation process is completed. How tong will the people of
Nevada have to wait? How long does a reasonable person wait? Any reasonable person experiencing
such inaction from a private law firm would have fired that law firm already.

The healthcare legislation presents a question of federal power versus states’ power this is a
-

second-year law school analysis. I understand your concern about spending public funds for frivolous
lawsuits. However, the lawsuit initiated by fourteen (14) other attorneys general is hardly frivolous. You
also expressed a concern that the lawsuit may have been initiated for political reasons because some of
those attorneys general are candidates for election. I am informed that some of those attorneys generals
are indeed running for an election. However, many are running unopposed. Further, this is not a partisan
endeavor as two of those attorneys general are democrats.

Pursuant to NRS 228.170, please consider this letter directive for you to make a final
determination by close of business day on Monday, March 29, 2010 as to whether you will join in the
ongoing healthcare lawsuit. I have been advised that the reconciliation process should be completed by
that time.

Sincere
P
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I~ JIM GIBBONS
Governor

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