Burns v. Dials

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 Black, are joint venturers who propose to conduct surface mining operations on a 125 acre tract of land in Lincoln County. In December, 1987, they filed a…