# Marfork Coal Co. v. Callaghan

> West Virginia Supreme Court · March 15, 2004 · 215 W. Va. 735

URL: https://www.frixlaw.com/law-library/cases/8182381

## Case

- **Full name:** MARFORK COAL COMPANY, Below v. Michael O. CALLAGHAN, Secretary, West Virginia Department of Environmental Protection, and Matthew B. Crum, Director, West Virginia Department of Environmental Protection's Division of Mining and Reclamation, Below, and Janice Nease and Freda Williams, Intervenors Below, Stephanie R. Timmermeyer, Acting Secretary, West Virginia Department of Environmental Protection
- **Court:** West Virginia Supreme Court
- **Decided:** March 15, 2004
- **Citations:** 215 W. Va. 735; 601 S.E.2d 55; 162 Oil & Gas Rep. 759; 2004 W. Va. LEXIS 16
- **Precedential status:** Published
- **Opinion:** Concurrence by McGraw
- **Judges:** Albright, File, Maynard, McGraw, Megraw, Opinions, Reserve, Reserves, Right, Starcher
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8182381

## Opinion text

McGRAW,
Justice, concurring:
(Filed June 30, 2004)
I concur with the majority decision, but write separately to decry the fact that our Legislature has provided permit suspension or revocation as the only meaningful punishment in a ease such as this. Suspension or revocation of a mining permit means that the mine owners will be punished a little while the coal miners will be harmed a lot. Unlike a substantial monetary fine, any action that stops the mining puts a greater burden on a Boone County coal miner than it does a stockholder in Richmond or Amsterdam. 1
Not surprisingly, employees of the Division of Natural Resources face great public pressure to keep the mines open and the miners at work. Until the Division of Natural Resources has a greater ability to fine companies that break the law without directly harming the miner who is just doing his job, we will continue to have under-enforcement of the mining laws in West Virginia.
. A.T. Massey is the parent corporation of Mar-fork, and is based in Richmond, Virginia. A.T. Massey has at times been affiliated with Royal Dutch Shell of the Netherlands.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8182381. Public record. Not legal advice.