ELR Citation: ELR 20067
No(s). 11567 (W. Va. Cir. Ct. Aug 2, 1972)

An injunction is granted restraining enforcement of 1971 amendments to surface mining regulations of the Department of Natural Resources. The 1971 amendments are invalid because they were not promulgated under the proper authority. Since there is a likelihood of substantial damage from continued mining, the injunction is contingent upon posting of a $250,000 bond by plaintiffs, holders of surface mining permits.

Counsel for Plaintiffs
Arden Curry
1115 Virginia Street, East
Charleston, W. Va. 25301

Donald C. Holt
Suite 4 Law Building
Keyser, W. Va. 26726

Walter Burton
Law Building
Princeton, W. Va. 24740

Charles V. Wehner
103 W. Court Street
Kingwood, W. Va. 26537

Counsel for defendants
Nicholas W. Johnson Assistant U.S. Attorney
Capitol Building
Charleston, W. Va. 25301