Black Energy Mining, Inc. v. Natural Resources & Environmental Protection Cabinet

WILHOIT, Judge.

Black Energy Mining, Inc., appeals from a judgment dismissing its petition for review of a final order of the Natural Resources and Environmental Protection Cabinet. The circuit court dismissed the petition on grounds of improper venue.

Black Energy sought a partial release of a performance bond covering an interim surface mining permit. After its request was denied by the cabinet, Black Energy filed petitions for review in Muhlenberg Circuit Court and Franklin Circuit Court. The Franklin Circuit Court abated its proceedings pending resolution of the Muhlen-berg Circuit Court…