Administrative Law: Scope of Judicial Review

摘要

The Chief of the Division issues a permit for a longwall mining operation. The operation is an extension of an existing mine. The permit applicant is the owner of the coal estate. Simpson is the surface owner and seeks an administrative appeal of the Chief's decision. The Reclamation Commission dismisses the appeal and judicial review is sought. Held: affirmed. Judicial review of a Commission decision is deferential under the arbitrary, capricious, or abuse of discretion standard. The court rejects Simpson's claim that the Commission should consider the impact of its permit decision on potential oil and/or natural gas operations. Apparently the coal estate owner does not own the other mineral rights. The court notes mat the Commission does not have the authority to resolve property and/or title disputes. The Chief properly considered the statutory and regulatory requirements for surface reclamation when it issued the permit. The speculative claim that the reclamation requirements might deleteriously impact future surface and/or mineral development does not make the permit decision arbitrary or capricious.