Voigt v. North Dakota Public Service Commission

Kapsner, Justice.

[¶ 1] Casey Voigt appeals from a judgment affirming the Public Service Commission’s (“Commission”) order that affirmed its conditional approval of a surface coal mining permit for Coyote Creek Mining Company, L.L.C. (“Company”). We conclude the Commission’s order complied with applicable law requiring identification and protection of “alluvial valley floors” and sufficiently addressed Voigt’s evidence. We further conclude that the Commission’s conclusions of law regarding the lack of “alluvial valley floors” within or adjacent to the permit area is supported by the findings…