West Virginia Division of Environmental Protection v. Kingwood Coal Co.

*737McHUGH, Justice:

This case is before this Court on an appeal by the West Virginia Division of Environmental Protection (hereinafter “DEP”) of a May 24, 1996 order of the Circuit Court of Kanawha County, affirming an August 28, 1995 final order of the West Virginia Surface Mine Board. The issues in this appeal concern whether Kingwood Coal Company (hereinafter “Kingwood”) “owned or controlled” T & T Fuels, Inc. (hereinafter “T & T”) within the meaning of West Virginia’s Surface Coal Mining and Reclamation Act, W. Va.Code, 22-3-1 et seq. (hereinafter “SCMRA”), and its corresponding rule, 38…