Greenbelt Advocates v. Division of Mineral Resources Management

Donofrio, Judge.

{¶ 1} Appellant, Greenbelt Advocates, appeals the decision of the Reclamation Commission (“Commission”) affirming the decision of the Chief of the Division of Mines and Reclamation (“Chief’) denying the Lands Unsuitable Petition (“LUP”) filed by the Village of Barnesville and the Warren Township Trustees.

{¶ 2} As a preventative measure, areas of land can be designated unsuitable for coal mining because of their important environmental or social value. In Ohio, R.C. 1513.073(A) sets forth two types of lands-unsuitable designations — mandatory and discretionary. A mandatory…