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interpretation of the Federal Surface Mining Control and Reclamation Act, the Federal law upon <br />which the SCMRA was modeled. In Ginn v. Consolidated Coal Company, 437 N.E. 2d 793 (I11. <br />App. 1982) the court held that a common law action for damage to property resultant from <br />blasting by a coal mine was not preempted by the Federal Act, and not subject to any exhaustion <br />of remedies requirement. Relying on language from 30 U.S.C. § 1270(e) (which is nearly <br />identical to C.R.S. § 34 -33- 136(5)) the court concluded that the language of the Federal Act was <br />a savings clause expressly preserving other state law remedies. Id. at 147. Further, the court <br />ruled that the Federal Act: <br />"does not expressly require a party to pursue administrative remedies before proceeding <br />to court to obtain common law remedies. Indeed the language found in subsection <br />1270(e) ... suggests that no exhaustion of administrative remedies is necessitated by the <br />Surface Mining Act and that the institution of administrative proceedings is not a <br />condition precedent to proceedings in the state courts in an action for damages." <br />(emphasis added). Id. <br />The foregoing analysis construing the Federal Act is persuasive, and entirely consistent with the <br />interpretation of SCMRA that no exhaustion of remedies is required. Accordingly, WFC's <br />motion must be denied as to Count One of Plaintiffs' FAC. <br />2. EXHAUSTION OF REMEDIES IS NOT REQUIRED AS A PRECONDITION <br />FOR BRINGING SUIT UNDER SCMRA. <br />At the outset, WFC fails to cite any authority, and Plaintiffs have found none, providing <br />that exhaustion of administrative remedies is mandatory prior to bringing a civil action under <br />SCMRA. Ultimately, the question of whether exhaustion is required depends upon an analysis <br />of the underlying statute. Courts cannot expand upon the authority of an administrative agency <br />beyond its statutory authorization. Ryals v. St. Mary -Crown Reg. Med. Center, 10 P.3d at 661. <br />Although several portions of the SCMRA contain detailed provisions for administrative review <br />of permitting decisions, particularly regulatory proceedings between the mine and the <br />enforcement agency, the Act does not mandate exhaustion of remedies as a prerequisite to <br />5 <br />