Old Ben Coal Co. v. Department of Mines and Minerals

On May 23, 1988, plaintiff, Old Ben' Coal Company, filed this action in the circuit court of Franklin County seeking administrative review of a decision of the Illinois Department of Mines and Minerals (IDMM). Old Ben sought to vacate conditions contained in four Permanent Coal Mining Reclamation Program Permits issued by the IDMM requiring Old Ben to repair or restore structures damaged by subsidence. The circuit court affirmed the decision of the IDMM and this appeal followed.

On appeal, Old Ben argues that the IDMM has no authority under the Illinois Surface Coal Mining Land Conservation…