State ex rel. West Virginia Highlands Conservancy, Inc. v. West Virginia Division of Environmental Protection

CLECKLEY, Justice:

The relators in State ex rel. West Virginia Highlands Conservancy, Inc. v. West Virginia Division of Environmental Protection, 191 W.Va. 719, 447 S.E.2d 920 (1994) (Highlands I),1 return to this Court seeking an award of attorney’s fees and costs. Highlands I dealt with both a knowing disregard of a mandatory duty by the Division of Environmental Protection and issues that had not been previously addressed by this Court. Because the relators in this technically complex case are entitled to costs and attorney’s fees for the part of their petition demonstrating a knowing…