(Download) "DK Excavating, Inc. v. Miano" by West Virginia Supreme Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: DK Excavating, Inc. v. Miano
- Author : West Virginia Supreme Court of Appeals
- Release Date : January 22, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The West Virginia Division of Environmental Protection ("DEP") appeals from the October 1, 1999, order of the Circuit Court of Nicholas County, which reversed the West Virginia Surface Mine Boards decision requiring Appellee DK Excavating, Inc. ("DK") to obtain a surface mining permit in connection with the removal of coal from a site where DK intends to build an equipment shop. In making its ruling, the circuit court relied on a 1997 amendment to the definition of "surface mining" under the West Virginia Surface Mining Control and Reclamation Act ("WVSMCRA"), West Virginia Code 22-3-1 to -32 (1997) (Repl.Vol.1998), which exempts from such definition coal extraction that is an incidental part of certain types of land development. See W.Va. Code 22-3-3(u)(2)(ii). Relying on the federal and state supremacy clauses, as well as principles of preemption, DEP argues that the circuit court erred in ruling that the amended definition of surface mining is enforceable notwithstanding express disapproval of that definition by the federal Office of Surface Mining ("OSM"). Upon our review of all applicable law and regulations, we conclude that the circuit court did commit error, and accordingly, reverse.