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STATE EX REL. W.V. CONS. v. W.V. ENV.

No. 22233.

447 S.E.2d 920 (1994)

191 W.Va. 719

STATE of West Virginia ex rel. WEST VIRGINIA HIGHLANDS CONSERVANCY, INC.; West Virginia Wildlife Federation; West Virginia Council, Trout Unlimited, Inc.; and West Virginia Citizen Action Group, Petitioners, v. WEST VIRGINIA DIVISION OF ENVIRONMENTAL PROTECTION and David C. Callaghan, Director of the West Virginia Division of Environmental Protection, in His Official Capacity, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 20, 1994.

Attorney(s) appearing for the Case

Patrick C. McGinley, Morgantown, Phillip B. Scott, Carey, Hill & Scott, Charleston, for petitioners.

Darrell V. McGraw, Jr., Atty. Gen., Russell M. Hunter, Asst. Atty. Gen., Charleston, for respondents.

Robert J. Shostak, Sowash, Carson & Shostak, Athens, amici curiae for Downstream Alliance, Inc., Four-H Road Community Ass'n and Goshen Road Community Ass'n.

W. Henry Lawrence, IV, Robert D. Pollitt, Steptoe & Johnson, Charleston, amici curiae for West Virginia Coal Ass'n and West Virginia Min. and Reclamation Ass'n.

McHugh, Justice:

In this original proceeding, the petitioners, West Virginia Highlands Conservancy, Inc., West Virginia Wildlife Federation, West Virginia Council, Trout Unlimited, Inc., and West Virginia Citizen Action Group (hereinafter "petitioners") seek a writ of mandamus compelling the respondents, the West Virginia Division of Environmental Protection and its Director, David C. Callaghan, (hereinafter "DEP") to acknowledge their mandatory, nondiscretionary...

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