Canestraro v. Faerber

In Canestraro v. Faerber, 179 W. Va. 793, 374 S.E.2d 319 (1988), a group of citizens wanted local access to permit applications for the expansion of a coal waste dam. They argued that the federal law required permit applications to be filed in the courthouse in the county where the mining was to take place, but our state law only required that permits be kept on file in one of six Department of Energy offices. The Court noted that the federal rules require our state program to comply with the federal Act and quoted from the federal rules: "States with an approved State program shall implement, administer, enforce and maintain it in accordance with the Act, this chapter, and the provisions of the approved State program."