Charles Schultz and Claudia Schultz v. Consolidation Coal Company, a foreign corporation, and Bert Shelek, No. 23174 (W. Va. July 12, 1996) (Workman, J.):
Affirming summary judgment in an action for subsidence damage caused by underground mining where plaintiffs contended that mining company employees misrepresented the law regarding the right to mine without liability for subsidence damage in order to obtain a waiver, but where the state regulations relied upon by plaintiffs in support of such contention were never formally approved by OSM as required by 30 C.F.R. § 732.17(g), the Court held that (1) changes to approved state surface mining reclamation programs cannot take effect until approved as an amendment by OSM and (2) state regulations promulgated pursuant to the WVSCMRA, W. Va. Code §§ 22-3-1 to -32, must be interpreted consistent with federal regulations promulgated pursuant to the SCMRA, 30 U.S. Code §§ 1201 to -1328.
State of West Virginia ex rel. West Virginia Highlands Conservancy, Inc.; West Virginia Wildlife Federation; West Virginia Council, Trout Unlimited, Inc.; and West Virginia Citizen Action Group v. Division of Environmental Protection and David C. Callaghan, Direct of the Division of Environmental Protection, No. 22233 (W. Va. July 20, 1994) (McHugh, J.): 191 W.Va. 719, 447 S.E.2d 920:
In response to a suit by environmental groups who charged that the Division of Environmental Protection was not fulfilling its statutory obligations with respect to the treatment of acid mine drainage, the Court held that, pursuant to W. Va. Code § 22A-3-11(g) and 38 C.S.R. § 2-12.4(d), the Division of Environmental Protection has a mandatory, nondiscretionary duty to use up to 25 percent of the reserves in the Special Reclamation Fund to treat acid mine drainange at bond forfeiture sites when the proceeds of forfeited bonds are less than the actual cost of reclamation, including the treatment of acid mine drainage. The Court further held, however, that where the costs of treating acid mine drainage at bond forfeiture sites statewide is greater than 25 percent of the reserves in the Special Reclamation Fund, the Division of Environment Protection may expend the available funds at the highest priority sites.
Francis O. Day Co., Inc. v. Director, Division of Environmental Protection of the West Virginia Department of Commerce, Labor and Environmental Resources, et al., Nos. 21916 and 21917 (W. Va. March 28, 1994) (Brotherton, C.J.): 191 W.Va. 134, 443 S.E.2d 602:
Overturning an order reversing the DEP's refusal to award a surface mining permit to a proposed limestone quarry, the Court held that (1) the exclusion contained in W. Va. Code § 22A-4-2(k), only exempts limestone surface mining from the bonding and reclamation provisions of the state if a surface mining permit is awarded and (2) prior to the issuance of a surface minig permit, the DEP retains the authority to refuse to award a limestone, sandstone or sand surface mining permit for any of the reasons articulated in W. Va. Code § 22A-4-10.
John Curnutte and Vicki Nickell v. David Callaghan, Director, West Virginia Division of Environmental Protection, No. 21202 (W. Va. December 14, 1992) (McHugh, C.J.): 188 W.Va. 494, 425 S.E.2d 170:
Affirming the award of a surface mining permit to a company which sought to use a roadway that preexisted enactment of the Surface Coal Mining and Reclamation Act, but which apparently had not been used at that time for coal haulage purposes, the Court held that under the definition of valid existing rights for haul roads under 38 C.S.R. § 2-2.129, a permit applicant may establish valid existing rights for a coal haul road if the applicant demonstrates that the proposed road was in existence prior to August 3, 1977, the effective date of the statute.
Joy Technologies, Inc. v. Liberty Mutual Insurance Company, et al., No. 20153 (W. Va. July 20, 1992) (Brotherton, J.) (as modified): 187 W.Va. 742, 421 S.E.2d 493:
Reversing a judgment upholding the validity of a general liability insurance policy provision excluding pollution damage unless the pollution was "sudden and accidental," the Court relied upon representations to the contrary by insurance industry representatives during hearings conducted by the West Virginia Insurance Commissioner in the early 1970s, when the language in question was adopted, holding that the public policy of this State is that corporations which seek to do business here should act in a manner consistent with their representations to regulatory bodies in the State.
Solid Waste Services of West Virginia v. Public Service Commission and Halt Out-of-State Garbage, Inc., No. 20996 (W. Va. July 15, 1992) (Neely, J.): 188 W.Va. 117, 422 S.E.2d 839:
Reversing a decision of the PSC to deny transfer of a solid waste carrier permit on the basis of its determination that the transferee was "unfit" in light of misconduct occurring in conduction with the operation of similar businesses in other jurisdictions by affiliated companies, the Court held that a carrier is "fit and proper" under the relevant statute when it has the experience, equipment, insurance, and financial ability to conduct the business it is being transferred. On another issue, the Court held that the PSC is without authority to regulate landfills, even where the landfill is owned by the same company that operates the local solid waste transportation business.
State of West Virginia ex rel. Laurel Mountain/Fellowsville Area Clean Watershed Association, Inc., et al. v. David C. Callaghan, Director, West Virginia Division of Environmental Protection, and F & M Coal Company, a partnership, No. 21062 (W. Va. May 15, 1992) (McHugh, C.J.): 187 W.Va. 266, 418 S.E.2d 580:
Where Division of Environmental Protection reneged on an agreement to assume treatment of acid mine drainage for bankrupt coal operator,the Court issued a writ of mandamus, holding that the Division of Environment Protection has a duty, under 39 C.S.R. § 2-12.4(c), to utilize the proceeds from forfeited bonds to accomplish the completion of reclamation of affected lands of a surface mine.
Gladys Y. Arnoldt, et al. v. Ashland Oil, Inc., a corporation, No. 19988 (W. Va. December 20, 1991) (Workman, J.): 186 W.Va. 394, 412 S.E.2d 795:
Reversing a $10.3 million jury verdict to West Virginia plaintiffs who brought a nuisance action against a Kentucky oil refinery for air pollution, the Court held (1) the substantive law of the source state applies in interstate pollution disputes; (2) the existence of a nuisance, under Kentucky law, must be determined on the basis of the reasonableness of the defendant's use of his or her property and the gravity of harm to the plaintiff; (3) damages in a private nuisance suit may be awarded, under Kentucky law, only where there is a finding that the alleged conduct caused a material reduction in the fair market value of the plaintiff's property; and (4) only a property owner, under Kentucky law, may bring an action for private nuisance.
State of West Virginia ex rel. J. Edward Hamrick, III, Director, West Virginia Division of Natural Resources v. LCS Services, Inc., a West Virginia corporation; Chambers of West Virginia, Inc., a West Virginia corporation; and Chambers Development Company, Inc., a Delaware corporation, No. 20127 (W. Va. December 19, 1991) (McHugh, J.): 186 W.Va. 702, 414 S.E.2d 620:
Reversing a judgment giving res judicata effect to a federal district court decision, the Court held that where the legislature enacted new landfill legislation subsequent to a federal district court decision interpreting the previous statute, the effect of this subsequent legislation had not been litigated before the federal district court, and the circuit court should not have applied the doctrines of res judicata or collateral estoppel.
Wetzel County Solid Waste Authority, a public authority of the State of West Virginia; Robert Phillips, Jean Phillips, Robert Burgess, Helen Burgess, Arnold Smith, Nancy Smith, Orville Sizemore and Flora Sizemore v. West Virginia Division of Natural Resources, and its Director, J. Edward Hamrick, III; its Division of Waste Management and Chief Thereof, George Max Robertson; Honorable Charles King, Judge of the Circuit Court of Kanawha County; and Lackawanna Transport Company, a Pennsylvania corporation, No. 19741 (W. Va. December 19, 1990) (Brotherton, J.): 184 W.Va. 482, 401 S.E.2d 227:
In an action raising the constitutionality of certain solid waste disposal statutes, the Court held (1) because W. Va. Code § 20-9-12c(b) establishes tonnage limits applicable to all solid waste, originating both within and without the State of West Virginia, it does not violate the Commerce Clause, and (2) because W. Va. Code § 20-9-12c(b) grants to aggrieved applicants or citizens the right to a public referendum on the establishment or maintenance of Class A solid waste facilities, the power of a county commission to deny a permit application under W. Va. Code § 20-5F-4a(d) based upon "adverse public sentiment" does not constitute an impermissible delegation of authority.
Rayle Coal Company v. Chief, Division of Water Resources, State Department of Natural Resources, No. 19418 (W. Va. November 13, 1990) (McHugh, J.): 184 W.Va. 549, 401 S.E.2d 682:
Rejecting a corporation's argument that an administrative agency was bound by its agreement to authorize a water treatment system without the award of a permit, the Court held that (1) a water pollution control permit is required by W. Va. Code § 20 5A-5(b) whenever there is a discharge of any amount of treated or untreated "pollutant" from a "point source" into the "waters" of this State, and (2) W. Va. Code § 20-5A 1, et seq., requires a water pollution control permit whenever the cessation of business operations does not stop the pollution.