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On June 20, 2001, OSM detemtined that DMG and the Board had shown "good cause" for <br />vacating Notice of Violation No. CV-2000-009. Such decisions ace initially reviewab]e only by the <br />OSM Director, pursuant to 30 C.F.R. § 842.15, at the request of "[a]ny person who is or may be <br />adversely affected by a coal exploration or surface coal mining and reclamation operation: ' The <br />federal statute confines jurisdiction to conduct judicial review of such decisions, after exhaustion of <br />administrative review, to the United States District Court for the district where the surface coal <br />mitring operation is located. 30 U.S.C. § 1276(a)(2). <br />Respite Basin's attempt to duect its claim under federal law against DMG and the Board, <br />Basin essentially seeks review of OSM's "good cause" determination. Whatever the Tatums might <br />otherwise say regarding (1) Basin's lack of standing to obtain such review, (2) the company's failure <br />to exhaust administrative remedies, and (3) Basin's failure to join OSM (unquestionably an <br />indispensable party to any such proceeding), this Court clearly lacks jurisdiction to conduct judicial <br />review of OSM's "good cause" determinatioa. <br />-14- <br />ll5-d El0/1!9'd OE9-1 E55E99EEOE S3J8nOS3tl 1tlanltlN 100-Yl08d YI~EI loot-E2-~nr <br />