Kentucky Southern Coal Corp. v. Kentucky Energy & Environment Cabinet

I must respectfully dissent as I am perplexed as to how the majority can conflate deep mining with surface mining and then create a “bona fide property dispute” based solely upon an “expired” 18.1 acre surface mining lease necessary only for surface mining as per KRS 381.940, later § 19(2) of the Kentucky Constitution.27 In *812fact, § 19(2) of the Kentucky Constitution specifically provides, in regard to the deep mining permit renewal sought here, “that the mineral estate be dominant to the surface estate for the purposes of coal extraction by ... the method or methods of commercial coal…