Texas Eastern Transmission v. W. Va. Dept. of Environmental Protection, etc. and Marshall Co. Coal v. Texas Eastern Transmission

Davis, Justice:

These consolidated appeals require the Court to interpret various provisions of the West Virginia Surface Coal Mining and Reclamation Rule ("WVSCMRR"), W. Va. CSR §§ 38-2-1 et seq. , to determine whether a coal company must, in its application for a modification of its mining permit, describe how it will comply with the Utility Protection Standard found at W. Va. CSR § 38-2-14.17. We also are asked to determine whether the Subsidence Control Plan in the permit application under review adequately set out specific steps that would be taken to protect interstate gas pipelines that…