Martinka Coal Co. v. West Virginia Division of Environmental Protection

ALBRIGHT, Justice:

Ralph and Brenda Vincent appeal from the September 27, 2002, final order of the Circuit Court of Marion County, wherein the lower court determined that the regulations promulgated pursuant to the West Virginia Surface Coal Mining and Reclamation Act (hereinafter referred to as “SCMRA”) do not permit the additional recovery of reasonable attorneys’ fees for time expended in successfully litigating the administrative appeal of an award of attorney and expert witness fees. Based upon a full review of the arguments and briefs of counsel, the record certified to this Court and…