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remedies); 5aurl:ern Ohio Coal Co. v. Office of Surface Mining Reclamation & Enforcement, 20 F.3d <br />1418 (6th Cir. 1994) (same); Shawnee Coal Co. v. Andrus, 661 F.2d 1083 (6th Cir. 1981) (same). <br />In faithfully implementing SMCRA, see 30 U.S.C. § 1276(b), the Coal Act expressly requires that <br />judicial review of DMG enforcement action occur "solely on the record made before the board." <br />Colo. Rev. Star. § 34-33-128(2). This provision implicitly forbids courts from conducting judicial <br />review of future enforcement action, even where such action is cleazly threatened (as it certainly is <br />not is this case). This is so because the Baard cannot deve]op a record regarding any particular <br />enforcement action unless and until DMG fast issues it. Accordingly, this Court lacks jurisdiction <br />of this action because, in essence, it seeks review of enforcement action not yet taken and not yet <br />reviewed by the Boazd. <br />D. Basin's Demand for an Administrative Hearing on the Merits of Vacated <br />Enforcement Action Fails to State a Claim for Which Relief Mav Be Granted. <br />Basin asserts that Colo. Rev. Star. § 34-33-124(1)(a) grants the company an absolute right <br />to an administrative hearing on the merits of Notice of Violation Cv-2000-009, even where DMG <br />exercises its authority to vacate that enforcement action and thus moots the matter and removes the <br />need for a hearing altogether. 1n essence, Basin asserts the claim that the Coal Act does not <br />authorize DMG to vacate a notice of violation over the objection of any parry who has requested a <br />hearing on the action. <br />Basin's construction of Colo. Rev. Star. § 34-33-124(1)(a) reads one isolated provision of <br />the statute out of context. In doing so, $asin asks this Court to ignore provisions of § 34-33- <br />124(a)(1), other sections of the Coal Act, and the statute's implementing regulations, all of which <br />cleazly vest DMG with authority to vacate enforcement action prior to an administrative hearing. <br />-11- <br />!lS-d Bl0/4l0'd OE9-1 ESSE999E9E S3Jtl00E3tl 1tl801tlN 10Uit08d 4l~Zl 1002-EZ-9f1tl <br />