Legal Opinion
Department for Natural Resources & Environmental Protection v. No. 8 Ltd. of Virginia
Court of Appeals of Kentucky (pre-1976)
Decided May 9, 1975PublishedCited by 12 opinions
1Opinion of the Court
LUKOWSKY, Justice.
This is an appeal from a judgment of the Franklin Circuit Court which declared KRS 350.060(8) to be unconstitutional and granted appropriate ancillary injunctive relief. We affirm.
The declared purpose of Chapter 350 of the Kentucky Revised Statutes is to provide such regulation and control of the strip mining of coal as to minimize or prevent its injurious effects on the people and resources of the commonwealth. KRS 350.020.
The apposite portions of KRS 350.060 are as follows:
“(1) No operator shall engage in strip mining without having first obtained from the department a…
2Cases cited7 opinions
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Louis K. Liggett Co. v. BaldridgeSupreme Court of the United States · 1928
- Martin v. Kentucky Oak Mining CompanyCourt of Appeals of Kentucky (pre-1976) · 1968
- Blue Diamond Coal Company v. NeaceCourt of Appeals of Kentucky (pre-1976) · 1960
- City of Covington v. Sanitation District No. 1 of Campbell & Kenton CountiesCourt of Appeals of Kentucky (pre-1976) · 1957
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and RegulationTexas Supreme Court · 2015
- Department for Natural Resources & Environmental Protection v. Stearns Coal & Lumber Co.Kentucky Supreme Court · 1978
- Akers v. BaldwinKentucky Supreme Court · 1987
- Western Energy Co. v. Genie Land Co.Montana Supreme Court · 1987
- Ward v. HardingKentucky Supreme Court · 1993
7 more not listed; retrieve them via the Exa API.