TEXAS EASTERN TRANSMISSION, LP v. WVDEP

No. 16-0827, No. 16-0877.

807 S.E.2d 802 (2017)

TEXAS EASTERN TRANSMISSION, LP, Petitioner Below, Petitioner, v. WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF MINING AND RECLAMATION, and The Marshall County Coal Company f/k/a McElroy Coal Company, Respondents Below, Respondents. and The Marshall County Coal Company, f/k/a McElroy Coal Company, Petitioner Below, Petitioner, v. Texas Eastern Transmission, LP, and West Virginia Department of Environmental Protection, Division of Mining and Reclamation, Respondents Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 16, 2017.


Attorney(s) appearing for the Case

Kent George , W. Bradley Sorrells , Robinson & McElwee, PLLC, Charleston, West Virginia, Craig P. Wilson , pro hac vice, Anthony R. Holtzman , pro hac vice, K&L Gates LLP, Harrisburg, Pennsylvania, Attorneys for Texas Eastern Transmission, LP.

Douglas J. Feichtner , pro hac vice, Dinsmore & Shohl LLP, Cincinnati, Ohio, Jacob A. Manning , Dinsmore & Shohl LLP, Wheeling, West Virginia, William E. Robinson , Dinsmore & Shohl LLP, Charleston, West Virginia, Attorneys for The Marshall County Coal Company.

Scott Driver , West Virginia Department of Environmental Protection, Charleston, West Virginia, Attorney for West Virginia Department of Environmental Protection.

Jonathan T. Storage , West Virginia Department of Transportation, Division of Highways, Charleston, West Virginia, Attorney for Amicus Curiae, West Virginia Department of Transportation, Division of Highways.


These consolidated appeals require the Court to interpret various provisions of the West Virginia Surface Coal Mining and Reclamation Rule ("WVSCMRR"), W. Va. CSR §§ 38-2-1 et seq., to determine whether a coal company must, in its application for a modification of its mining permit, describe how it will comply with...

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