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Consequently. Basin's implication that it sustained injury-in-fact because it lost an opportunity to <br />bar the Tatums' separate civil action for damages is wrong as a matter of law and thus cannot sustain <br />the company's claim to standing. <br />Nordoes DMG's decision to vacate Notice of Violation No. CV-2000-009 withoutprejudice <br />constituteaninjury-in-factto Basin's interests. Even if the remotepossibilirythatDMGmightissue <br />sirtailat enforcement action in the distant future could be said to injure Basin somehow, the company <br />has no legally protected interest against the mere possibility that DMG might cite it at some <br />unspecified future time for a subsidence violation involving the Tatums' property. Unlike a party <br />who is threatened with injury as the result of the promulgation of a new regulation affecting its <br />business activities, Basia has not here alleged aad cannot demonstrate thatDMG is reasonably likely <br />to take additional enforcement action against the company for damaging the Tatums' property. <br />Coal operators engage in pervasively regulated industrial activity: in addition to the strictures <br />of safety statutes and a variety of other regulatory schemes, coal operators are subject to inspection <br />and citation for violations of the Coal Act and its implementing regulations as long as they engage <br />in surface coal mining and reclamation operations. Although the Coal Act empowers DMG to <br />reissue a previously-vacated citation, the same statute also provides the coal operator a right to <br />challenge the reissued citation on every ground that originally existed. plus any other ground that <br />may subsequently arise. <br />DMG's authority to reissue a vacated enforcement citation does not place any burden on the <br />cited coal operator that the operator does not constantly beaz anyway. Because $asin and all others <br />who conduct surface coal mining operations are always subject to citation of any violation that DMG <br />-8- <br />1~s-a eio~iio d ats-1 895E999EOE S378fI0s38 1Ya01YN 104-WOad 41~Z1 soot-Et-env <br />