Francis O. Day Co. v. Director, Division of Environmental Protection

BROTHERTON, Chief Justice:

The appellant, the Division of Environmental Protection of the West Virginia Department of Commerce, Labor and Environmental Resources (hereinafter referred to as “DEP”) appeals from an August 4, 1993, ruling of the Circuit Court of Kanawha County which reversed the DEP Director’s decision to deny a surface mining permit to the appellee, Francis 0. Day Co., Inc. (hereinafter referred to as “Day”).

In January, 1989, Day applied for a mining permit to operate a limestone quarry on land located in Berkeley and Jefferson Counties, West Virginia. The proposed location of…