UMCO Energy, Inc. v. Department of Environmental Protection

OPINION BY

Judge LEAVITT.

UMCO Energy, Inc. (UMCO) petitions for review of an adjudication of the Environmental Hearing Board (EHB) denying UMCO’s appeal from an order of the Pennsylvania Department of Environmental Protection (Department). The Department’s order restricted UMCO to a technique known as “room-and-pillar” mining in a section of one of its mines in Washington County. In this case we consider whether the Department’s authority under the Clean Streams Law 1 to regulate activities that may impact the Commonwealth’s waters is superseded by regulations on mining operations contained in…