Simpson v. Ohio Division of Mines & Reclamation

DeGenaro, Judge.

This timely appeal comes for consideration upon the record before the Reclamation Commission, the parties’ briefs, and their arguments to this court. Appellant Floyd Simpson (“Simpson”) appeals the decision of the Reclamation Commission dismissing Simpson’s appeal and upholding the ruling of the Chief of the Ohio Department of Natural Resources, Division of Mines and Reclamation, issuing an Adjacent Area Coal Mining Permit to appellee, the Ohio Valley Coal Company (“TOVCC”). The issues before us are (1) whether the commission erred in upholding the chiefs ruling that R.C.…