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CALLAGHAN v. EASTERN ASSOCIATED COAL CORP.

No. 16597.

351 S.E.2d 605 (1986)

David C. CALLAGHAN, Director, West Virginia Department of Natural Resources, et al. v. EASTERN ASSOCIATED COAL CORP.

Supreme Court of Appeals of West Virginia.

Concurring Opinion December 4, 1986.

Attorney(s) appearing for the Case

Robert D. Cline, Jr., Harry G. Shaffer, Shaffer & Shaffer, Madison, for appellant.

John C. Purbaugh, David B. McMahon, Charleston, for intervenors.

Gregory R. Gorrell, Jackson, Kelly, Holt & O'Farrell, Charleston, for amicus curiae, W.Va. Coal Assn.

Charles G. Brown, Atty. Gen., Bethany R. Boyd, Asst. Atty. Gen., Charleston, for appellees.

BROTHERTON, Justice:

We are asked today to determine who bears financial responsibility for reclamation of a coal refuse dam built in the 1940's by the defendant, Eastern Associated Coal Corporation. The plaintiff, director of the Department of Natural Resources (now the Department of Energy, hereinafter referred to as "DNR"), originally asserted that Eastern should pay for the clean-up pursuant to the 1972 West Virginia Coal Refuse Disposal Act. That position has...

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