West Virginia Land Resources, Inc. and Marion County Coal Resources, Inc. v. American Bituminous Power partners, L.P., a Delaware limited partnership, Petitioner, v. West Virginia Land Resources, Inc., Marion County Coal Resources, INC., and West Virginia Environmental Quality Board and American Bituminous Power partners, L.P., a Delaware limited partnership v. West Virginia Land Resources, Inc., Marion County Coal Resources, INC., and West Virginia Environmental Quality Board