ruleslawyer said:Except, of course, that the ELH arguably has been prospectively overruled in 3.5.
Now, the fact that the FAQ references p.25 of the ELH makes it somewhat suspect. Still, reasonable minds can differ. Urbannen will probably be along to cite an e-mail from WotC custserv to the effect that only HD + class levels count for purposes of determining when a monster becomes "epic."
You are right to say that the FAQ's reference to p.25 makes it suspect. Rather than say that p. 25 is incorrect, Skip Williams references it even though he is contradicting it. Also the e-mail I received from WotC customer service wouldn't actually admit that the 3.5 DMG section on monsters as epic level characters was wrong, even though Darrin's (the customer service person)ruling contradicted it on that point.
In short, I don't think everyone at WotC agrees or sees a need to agree on this issue. In theory one of the goals of the new monster mechanics was to unify the character and monster creation processes. However, apparently monsters in the 3.5 MM don't follow the epic rule once they go over 20 HD. (Haven't checked personally.)
Considering how hard it is to get decent ACs at high levels, I don't see why a 40 HD dragon would be irreperably harmed by having a 30 BAB rather than a 40 BAB.
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