Hominy Creek Preservation Ass'n v. West Virginia Department of Environmental Protection

Petitioner Hominy Creek Preservation Association, Inc. (“the Association”) appeals an order from the Circuit Court of Kanawha County. On April 16, 2010, the Surface Mine Board ordered the West Virginia Departs ment' of Environmental Protection (“DEP”) to pay the Association’s attorney fees and costs for work performed in two administrative appeals.1 Following the entry of this order, the DEP filed a “Motion for Clarification” with the Surface Mine Board requesting that it “clarify and reconsider” its order awarding attorney fees to the Association. The Surface Mine Board denied the motion for…