Justia Environmental Law Opinion SummariesArticles Posted in West Virginia Supreme Court of Appeals
Hominy Creek Pres. Ass’n v. W. Va. Dep’t of Env’t Prot.
In 2010, the Surface Mine Board ordered the State Department of Environmental Protection (DEP) to pay the Hominy Creek Preservation Association's attorney fees for work performed in two administrative appeals. Eighty-two days after the Board granted the fee award to the Association, the DEP appealed the Board's order to the circuit court. The circuit court reversed, finding that the Association was not entitled to recovery attorney fees from the DEP. The Supreme Court reversed the circuit court's order reversing the fee award and reinstated the Board's order, holding that the DEP failed to file a timely appeal of the Board's 2010 order. View "Hominy Creek Pres. Ass'n v. W. Va. Dep't of Env't Prot." on Justia Law