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ENFORCE22351
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Last modified
8/24/2016 7:32:06 PM
Creation date
11/21/2007 10:09:33 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Name
BRIEF OF BASIN RESOURCES INC IN RESPONSE TO PLAINTIFFS APPLICATION FOR TEMPORARY RELIEF
Violation No.
CV2000009
Media Type
D
Archive
No
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administer" the Act. Id. at § 34-33-104. The Coal Act further provides the Boazd with <br />'jurisdiction and authority over all persons and property, public and private, necessary to enforce <br />the provisions" of the Coal Act. Id. at § 34-33-105. When making its motion to the Boazd, <br />Basin Resources invoked the Boazd's continuingjurisdiction over the NOV issued to Basin <br />Resources by the Division. Given the broad grant of power to the Boazd to review all Division <br />actions relating to Notices of Violation, the Board cleazly had that continuing jurisdiction. <br />Basin also invoked in the alternative the specific power of the Boazd to review the <br />vacation of NOVs found at Colo. Rev. Stat. § 34-33-124(1)(a). That provision of the Coal Act <br />authorizes operators to seek review of Notices of Violation, and further authorizes "any person <br />having an interest which is or maw adversely affected by [a Notice of Violation] or by any <br />modification, vacation, or termination of such [Notice of 'v iolationj [to] request revtew thereof. <br />]d. (emphasis added). The right to seek review under this provision is very broad; yet the <br />Plaintiffs for some reason believe that Basin Resources cannot fit within its scope. It is clear that <br />Basin Resources is a "person" as defined in the Coal Act. Colo. Rev. Stat. § 34-33-103('2 ] ) <br />(defining "person" to include corporations). The clause does not limit the definition of "persons" <br />to persons other than operators. If the legislature had wanted to impose that limitation, it could <br />have done so. See, ~, Colo. Rev. Stat. § 33-34-124(i)(b) (referring to the "operator, or any <br />other person") (emphasis added). Indeed, the definition of "person" includes Indian Tribes <br />conducting mining operations outside Indian lands -persons who will also be operators. Colo. <br />Rev. Stat. §34-33-]03(2]). <br />The Plaintiffs may accept that Basin Resources is a "person," but believe that Basin <br />Resources cannot be adversely affected by the vacation of an NOV. Basin Resources presented <br />-ti- <br />
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