Swatzell v. Natural Resources & Environmental Protection Cabinet

STUMBO, Justice.

Appellant, Hugh David Swatzell, is a surface coal mining permittee from Hopkins County, Kentucky. In August of 1991, the Natural Resources and Environmental Protection Cabinet (hereinafter “Cabinet”) issued a “Notice of Non-Compliance and Order for Remedial Measures” to Swatzell alleging violations of several mining regulations for his failure to back-fill, grade, retopsoil, and revegetate portions of his 10.8 acre permit area. In September of 1991, after Swatzell failed to abate the violations, the Cabinet issued an “Order for Cessation and Immediate Compliance.” In November…