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BURNS v. DIALS

No. 18692.

378 S.E.2d 665 (1989)

Jane BURNS, et al.; Homeplace, Inc.; and Save Our Mountains, Inc. v. George DIALS, Commissioner; Black Gold of West Virginia, Inc.; and Mountain Black Diamond Coal Co., Inc.

Supreme Court of Appeals of West Virginia.

March 13, 1989.

Attorney(s) appearing for the Case

John McFerrin, Charleston, Ronald A. Shipley, Germantown, Md., for appellants.

Steve Barclay, Asst. Atty. Gen., Charleston, for appellee.

Mark Sorsaia, Hurrican, for Black Gold & Mt. Blk Dia.

MILLER, Justice:

This suit, filed pursuant to the Surface Coal Mining and Reclamation Act (SCMRA), W.Va.Code, 22A-3-1, et seq., challenges the sufficiency of the current application form for surface mining permits. We consider whether the application form is deficient insofar as it does not require the applicant to list violations of environmental laws committed by affiliated companies or individuals.

I.

The defendants, Black Gold and Mountain...

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