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COM., ENERGY AND ENVIRONMENT v. SHEPHERD

Nos. 2011-SC-000482-MR, 2011-SC-000485-MR.

366 S.W.3d 1 (2012)

COMMONWEALTH of Kentucky, ENERGY AND ENVIRONMENT CABINET, Appellant, v. Honorable Phillip J. SHEPHERD, Judge, Franklin Circuit Court; Frasure Creek Mining, LLC; ICG Hazard, LLC; ICG Knott County, LLC; ICG East Kentucky, LLC; and Powell Mountain Energy, LLC, Appellees, and Appalachian Voices, Inc., et al., Real Parties In Interest, and Frasure Creek Mining, LLC, Appellant, v. Honorable Phillip J. Shepherd, Judge, Franklin Circuit Court; Commonwealth of Kentucky, Energy And Environment Cabinet; ICG Hazard, LLC; ICG Knott County, LLC; ICG East Kentucky, LLC; and Powell Mountain Energy, LLC, Appellees, and Appalachian Voices, Inc., et al., Real Parties In Interest.

Supreme Court of Kentucky.

April 26, 2012.

Attorney(s) appearing for the Case

Mary Alma Stephens , John G. Home, II , Joshua Wayne Nacey , Energy and Environmental Cabinet, Environmental Protection Legal Division, Frankfort, KY, Counsel for Appellant/Appellee Commonwealth Of Kentucky Energy And Environment Cabinet.

Phillip James Shepherd Judge, Frankfort, KY, Counsel for Appellee.

Anne Adams Chesnut , John Clarence Bender , Richard Clayton Larkin , Greenebaum, Doll & McDonald, PLLC, Lexington, KY, Counsel for Appellant/Appellee Frasure Creek Mining, LLC.

Kevin Michael McGuire , Laura Patterson Hoffman , Jackson Kelly, PLLC, Lexington, KY, Counsel for Appellees ICG Hazard, LLC, ICG Knott County, LLC, ICG East Kentucky, LLC, and Powell Mountain Energy, LLC.

Mary Varson Cromer , Appalachians Citizens' Law Center, Whitesburg, KY, Lauren H. Waterworth , Waterworth Law Office, PLLC, Boone, NC, Counsel for Real Parties In Interest Appalachian Voices, Inc., Waterkeeper Alliance, Inc., Kentuckians For The Commonwealth, Inc., Kentucky Riverkeeper, Inc., Pat Banks, Lanny Evans, Thomas H. Bonn, and Winston Merrill Combs.

Opinion of the Court by Justice ABRAMSON.

The Commonwealth of Kentucky's Energy and Environment Cabinet and Frasure Creek Mining, LLC, appeal from a July 19, 2011 Order of the Court of Appeals denying their separate but consolidated petitions for writs of mandamus and prohibition against Franklin Circuit Court Judge Phillip J. Shepherd. The Cabinet and Frasure Creek are before Judge Shepherd in an enforcement action under...

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