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RAYLE COAL v. CHIEF, DIV. OF WATER RES.

No. 19418.

401 S.E.2d 682 (1990)

RAYLE COAL COMPANY v. CHIEF, DIVISION OF WATER RESOURCES, STATE DEPARTMENT OF NATURAL RESOURCES.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 6, 1991.

Attorney(s) appearing for the Case

Roger W. Tompkins, Atty. Gen., Robert D. Pollitt, Deputy Atty. Gen., Environment & Energy Div., Charleston, for State Dept. of Natural Resources.

Jeremy C. McCamic, Wheeling, for Rayle Coal Co.

McHUGH, Justice:

This appeal by the Chief of the Division of Water Resources of the State Department of Natural Resources challenges a ruling of the Circuit Court of Ohio County, West Virginia.1 The circuit court's ruling reversed a final order of the State Water Resources Board requiring the appellee here, Rayle Coal Company, to apply for a water pollution control permit. We conclude that the circuit court applied an erroneous standard...

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