Old Ben Coal Co. v. Department of Mines & Minerals

Plaintiff, Old Ben Coal Company, appeals from an order of the circuit court of Franklin County affirming the holding of a hearing officer of defendant, Department of Mines and Minerals. In this cause, plaintiff argues that while under an interim permit granted by defendant, it is not bound by the permanent regulations. We affirm.

The Congress enacted the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. §1211 et seq. (1988)) (hereinafter Federal Act) in August 1977. On August 11, 1978, the General Assembly passed Public Act 80 — 1342 (hereinafter interim Act) to participate in the…