Natural Resources & Environmental Protection Cabinet v. Adams

McDONALD, Judge.

This is an appeal of the Knott Circuit Court’s reversal of an order of the Natural Resources and Environmental Protection Cabinet (cabinet).

The circuit court determined that the cabinet’s order was not supported by substantial evidence and that the activities of appellee, Howard Adams, Jr., did not fall within the definition of “surface coal mining operations” under KRS 350.010(1), (2).

The cabinet’s order adopted the hearing officer's report and findings which portrayed the following circumstances:

This action is an Appeal from a preliminary determination that Adams had…