Canestraro v. Faerber

NEELY, Justice:

This is a petition for a Writ of Mandamus and Prohibition by six residents of Marshall County who live downstream from a coal waste dam operated by Consolidation Coal Company (“Consolidation”). Consolidation applied to the West Virginia Department of Energy (“DOE”) as required by the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA), W. Va. Code, 22A-3-1 et seq. for a permit to expand the dam. At issue is where the Commissioner of DOE must make applications for permits available for public inspection.

DOE regulates surface mining operations in West Virginia under…