2011-05-18_REVISION - C1981008 - Laserfiche WebLink

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parties to the underlying agency action must remain as parties for the duration of the judicial review process. Therefore, although C.R.S. §24 -4- 106(4) requires that all parties to the underlying agency action must be included in the judicial review as either a plaintiff or a defendant, the court, in its discretion and based on just cause, may dismiss named parties. The Division believes that that fact that it took no final agency action regarding PR -6 approval or related procedural issues is just cause for the Court to dismiss the Division as a party. 13. As argued above, Plaintiffs have mischaracterized the role of the Division in the Board's decision making process regarding PR -6. The Division did not participate as staff to the Board in this matter. The Board, not the Division, took the final agency action in approving PR- 6. In addition, the Board is the only entity that made final decisions regarding procedural issues related to the formal hearing. Since only final agency action is subject to judicial review under C.R.S. §34 -33 -128 of the Act and C.R.S. §24 -4 -106 of the APA, and the Division took no final agency action, the Plaintiffs fail to state a claim upon which relief may be granted as to the Division. Accordingly, the Division should be dismissed from this action. WHEREFORE, the Colorado Division of Reclamation, Mining and Safety respectfully requests that this Court dismiss it as a party- defendant from the judicial review of final administrative action brought by Plaintiffs. Respectfully submitted this 18th day of May, 2011. JOHN W. SUTHERS Attorney General Signed original on file with the filer in accordance with CRCP 121 § 1 -26 /s /Jeff M. Fugate JEFF M. FUGATE #37679 Assistant Attorney General Resource Conservation Natural Resources and Environment Section Attorney for the Colorado Division of Reclamation, Mining and Safety 5