DK Excavating, Inc. v. Miano

*408ALBRIGHT, Justice:

The West Virginia Division of Environmental Protection (“DEP”) appeals from the October 1, 1999, order of the Circuit Court of Nicholas County, which reversed the West Virginia Surface Mine Board’s decision requiring Appellee DK Excavating, Inc. (“DK”) to obtain a surface mining permit in connection with the removal of coal from a site where DK intends to build an equipment shop. In making its ruling, the circuit court relied on a 1997 amendment to the definition of “surface mining” under the West Virginia Surface Mining Control and Reclamation Act (“WVSMCRA”), West Virginia…