Missouri Court of Appeals, Eastern District / Oct 17, 2023
Nexgen Silica, LLC, Appellant/Cross-Respondent, vs. Missouri Department of Natural Resources, Respondent, and Operation Sand, LLC, Respondent/Cross-Appellant.
Nexgen Silica, LLC appealed the Missouri Mining Commission's denial of its surface mining permit application. Operation Sand, LLC cross-appealed, seeking additional grounds for denying Nexgen's permit and requesting attorney's fees. The appellate court affirmed the Mining Commission's decision to deny Nexgen's permit, finding the application incomplete and that the Commission lacked authority to allow post-issuance amendments during an appeal. The court dismissed Operation Sand's cross-appeal, holding it was not an aggrieved party as it had already received the requested relief, and denied its motion for attorney's fees.