Cook v. Environmental & Public Protection Cabinet

OPINION

VANMETER, Judge.

Kathy Cook and Rosalie Cooper appeal from the Franklin Circuit Court’s order affirming the Natural Resources and Environmental Protection Cabinet 2 Secretary’s order suspending Nugent Sand Company’s mining permit and amended permit for failing to adequately address several statutory and regulatory requirements in its applications. Appellants argue that the secretary did not have the authority to suspend Nugent’s permits, that the permits were void ab initio, and that the secretary erred by failing to articulate why he chose to suspend, rather than revoke, the permits.…