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enforcement proceedings by vacating a particular notice of violation or cessation order at any point <br />before the Board completes its review. <br />In light of the Coal Act's provisions which cleazly authoriue DMG to vacate its own <br />enforcement action, the tight of a coal operator to a hearing on the merits of a notice of violation is <br />not absolute, as Basin would have Court rule. The right to hearing exists only so long as a notice <br />of violation remains in effect. If DMG elects to vacate a notice of violation, as the agency did in this <br />case, the matter becomes moot and there is simply nothing for an administrative heating to address. <br />$ecause an administrative hearing on the merits of Notice of Violation No. CV-2000-009 would <br />serve no purpose in the wake of DMG's decision to vacate that action, Basin's petition and <br />complaint for judicial review fails to state a claim for which this Court may grant relief. <br />E. This Court Lacks Jurisdiction to Review Basin's Claims Under Federal Law. <br />Basin erroneously asserts that 30 C.F.R. § 842.11(b) imposes an enforceable duty on DMG <br />and the Board either to take "appropriateaction" inresponse to a so-called ten-day notice from OSM, <br />or else show "good cause 'for not taking such action. Although Basin correctly cites the standards <br />by which O5M must judge a States response to a ten-day notice, Basin wrongly asserts that the <br />matter is reviewable in this Court. The federal regulation that Basin cites clearly specifies the only <br />remedy for a State's perceived failure either to take "appropriate action" or to show "good cause." <br />That sole remedy is a federal inspection. 30 C.F.R. § 842.11(b)(1)(iii)(C). Only the Interior Board <br />of Laad Appeals or a federal. court may require O5M to provide that remedy. 30 U.S.C. §§ 1275, <br />1276(a)(2); 43 C.F.R. § 4.1280. Most certainly, the applicable regulation does not establish a claim <br />on the part of any party for judicial relief against a State for failure to take "appropriate action" or <br />to show "good cause" in response to an O5M ten-day notice. <br />-13- <br />Ll5-d El9/910'd 9E9-L 955E99EEOE S3JZ•noS38 ltlt•n1tlN 100iY08d YI~ZI loot-EZ-sna <br />