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INTRODUCTION <br />In August 2010, the Mined Land Reclamation Board ( "Board ") found that Cotter <br />Corporation (N.S.L.) ( "Cotter ") had violated the Mined Land Reclamation Act ( "Act ") at its <br />Schwartzwalder Mine site. The Board ordered Cotter to perform a suite of corrective actions to <br />prevent ongoing violations. Cotter refused to comply with two of those corrective actions. <br />Cotter exercised its right to seek judicial review, but did not seek a stay of the Board's Order <br />pending the Court's decision. The Board and the Division of Reclamation Mining and Safety <br />( "Division ") are each obligated to enforce violations of the Act. Since Cotter did not obtain a <br />stay of the enforcement order, both the Board and the Division took action to fulfill that mandate. <br />In November 2010, the Division brought a hearing before the Board regarding Cotter's ongoing <br />violations. After weighing the evidence, the Board assessed civil penalties and ordered Cotter to <br />cease and desist its non - compliance with corrective actions required to prevent ongoing <br />violations. Although the record contains many complicated legal arguments, the factual basis for <br />the Board's action is clear and substantial: Cotter made no attempt to comply with two of the <br />Board's corrective actions. The Board's decisions in this case should be upheld because they <br />were based upon a thorough and well- reasoned analysis of its enabling statute and regulations. <br />STATEMENT OF THE ISSUES PRESENTED FOR REVIEW <br />1) Whether there is a reasonable basis in law and fact to support the Board's order <br />that Cotter cease and desist its non - compliance with corrective actions required to remedy <br />violations of the Mined Land Reclamation Act. <br />2 <br />