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jurisdiction in the absence of an exhaustion of administrative remedies." Id. See also, City of <br />Aspen, 143 P.3d at 1081 -1082 (same holding). <br />By the same reasoning the citizen suit provision at issue herein, like that at issue in City <br />of Boulder, does not create exclusive jurisdiction in the courts, and contains no language <br />suggesting it is an exception to the general Colorado requirement to exhaust remedies. <br />Therefore, plaintiffs' Second Claim must be dismissed. <br />III. Plaintiffs' Discussion of the OSM Process is Inaccurate and Irrelevant. <br />Plaintiffs devote the rest of their brief to a strange argument that their claims have been <br />"superseded" (Response Brief at 10) by further agency process which is "very far from being <br />exhausted" (id. at 11). Taking plaintiffs at their word, dismissal of this action is therefore <br />required, since plaintiffs are required to exhaust remedies before bringing suit and not after. <br />However, plaintiffs' own discussion of that administrative process reveals that the only live issue <br />remaining with the agencies is the ongoing review of PR -06 and, more generally, WFC's plan <br />for the future reclamation of the Property. That issue, however, is not one that can be raised in <br />this action and therefore plaintiffs' discussion is largely beside the point. <br />A. The Board Had Jurisdiction until Plaintiffs Failed to Invoke It. <br />Plaintiffs attempt to argue that because their complaint to OSM triggered an oversight <br />process, the Board somehow lacked original jurisdiction to hear their claims (Response Brief at 7 <br />— 8), and "admitted" as much in rejecting plaintiffs' attempts to raise them during review of PR- <br />06 before the Board (id. at 9). It would be strange indeed if the TDN process plaintiffs used <br />turns out to be incapable of triggering the Division's enforcement powers, and instead could only <br />lead to the Division "defending itself " Response Brief at 7, emphasis in original. The <br />Division's authority is not nearly as circumscribed as plaintiffs suggest. <br />