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HUFFMAN v. GOALS COAL CO.

No. 34138.

679 S.E.2d 323 (2009)

Randy C. HUFFMAN, Secretary of the West Virginia Department of Environmental Protection, Appellee, v. GOALS COAL COMPANY, and Appellee, and Coal River Mountain Watch, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 9, 2009.

Attorney(s) appearing for the Case

A.M. "Fenway" Pollack, Esq., Charleston, for the W.Va. Dept. of Environmental Protection.

Robert G. McLusky, Esq., Christopher M. Hunter, Esq., Jackson Kelly PLLC, Charleston, Terry R. Sammons, Esq., Sammons Law Offices, PLLC, Gilbert, for Goals Coal Company.

Derek O. Teaney, Esq., Joseph M. Lovett, Esq., Appalachian Center for the Economy and the Environment, Lewisburg, for Coal River Mountain Watch.

KETCHUM, Justice:

In this appeal from the Circuit Court of Kanawha County, we are asked to examine a circuit court ruling upholding an administrative decision by the West Virginia Surface Mine Board ("the Board"). The circuit court affirmed the Board's conclusion that under the West Virginia Surface Coal Mining and Reclamation Act, W.Va.Code, 22-3-1, et seq., a surface mine "permit area" is defined to include both the area which is indicated on the map...

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