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issued in this matter would only apply to WFC and, if necessary, Plaintiffs have enforcement <br />remedies available through the Court to seek compliance with an order. <br />Although the Division has continuing interest in this matter as a State regulator of a coal <br />mining operation with an active permit, its interests are limited to permitting and regulatory <br />matters. The Division does not have a direct interest in this civil matter which seeks monetary <br />damages against WFC. To date, the Division has not found WFC to be in violation of the Act <br />related to the removal and handling of prime farmland soils. Issues and allegations raised by <br />Plaintiffs related to breach of the coal mining lease, diminution of property values, lost income, <br />and other monetary damages are all private civil matters outside of the Division's scope of legal <br />interest, authority, and jurisdiction. The Division does not wish to participate as a party in this <br />matter and does not believe the Division is a necessary party simply because Plaintiffs have <br />asserted a claim for vague and speculative future injunctive relief against WFC. <br />Accordingly, given that Plaintiffs' Complaint asserts allegations only against WFC, not <br />the Division, and given that the court, not the Division, would be the entity that enforces the <br />injunctive relief if so ordered, the Division should be dismissed as a party- Defendant from this <br />action. See Western Innovations, Inc. v. Sonitrol Corporation, 187 P.3d 1155 (Colo. App. 2008); <br />Nelson v. Nelson, 497 P.2d 1284, 31 Colo. App. 63 (1972). See also Bristol Company, LP v. <br />Osman, 190 P.3d 752 (Colo. App. 2008) (appellate court upholds dismissal where allegations in <br />complaint are too vague, insubstantial and attenuated). <br />WHEREFORE, the Colorado Division of Reclamation, Mining and Safety respectfully <br />requests that this Court dismiss it as a party- Defendant from the civil action brought by <br />Plaintiffs. <br />Respectfully submitted this 8th day of April, 2011. <br />JOHN W. SUTHERS <br />Attorney General <br />/s /Jeff M. Fugate <br />5 <br />