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perceives, they have no legally cognizable interest in challenging an agency decision to vacate any <br />particular enforcement citation under the Coal Act. <br />Because Basin has nvt alleged -and, as a matter of law, cannot show -that the Tune order <br />or the vacation of Notice of Violation No. CV-2000-009 has caused injury-in-fact to any of the <br />company's legally protected interests, this Court lacks jurisdiction of this action. Alternatively. for <br />the same reason, the petition and complaint that initiated this action faits to state a claim for which <br />relief maybe granted. <br />B. DMG's Decision to Preserve Its Authority to Cite $asirt in the Future 15 Not <br />Subtect to Ludicial Review. <br />The gravamen of Basin's claim in this action is not that DMG erred in vacating Notice of <br />Violation No. CV-2000-009, or that the Board erred in affirming that action, but instead that DMG <br />of the Board ought to have vacated the citation with prejudice. See Plaintif}'s Petition and <br />Complaint for Judicial Review at ~4 23-26, 31.37, and Relief Paragraph. Indeed. Basin does not <br />request reinstatement of the enforcement citation at issue. Instead, the company asks the Court to <br />direct the Boazd to add the designation "with prejudice" to DMG's action. !d. at Relief Paragraph. <br />Thus, Basin states a claim for which relief can be granted only if this Court has jurisdiction to, in <br />effect, directtheBoacd to bazDMG from taking future enforcement action againstBasin with respect <br />to subsidence damage to fire Tatums' residence house at Solitacio Ranch. <br />Nothing in the Coal Act authorizes courts on judicial review to direct the Board to baz DMG <br />from taking future enforcement action. To the contrary, the Cea1 Act (like most other regulatory <br />statutes) allows review of governmental enforcement action only after the enforcing agency issues <br />a citation. Such statutes implicitly forbid courts or administrative bodies from reviewing an <br />-9- <br />!l5-d 9l0/Zl0'd OE9-1 855E998EOE 53J800s38 1tl8fI1YN 10a-YiOtli YI~ZI IOOZ-EZ-90tl <br />