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IN THE COMMONWEALTH COURT OF PENNSYLVANIA UMCO Energy, Inc., Petitioner v. Department of Environmental Protection, Respondent BEFORE: : : : : : : : :

No. 724 C.D. 2007 Argued: October 10, 2007

HONORABLE BONNIE BRIGANCE LEADBETTER, President Judge HONORABLE JAMES GARDNER COLINS, Judge HONORABLE BERNARD L. McGINLEY, Judge HONORABLE DORIS A. SMITH-RIBNER, Judge HONORABLE DAN PELLEGRINI, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE MARY HANNAH LEAVITT, Judge

OPINION BY JUDGE LEAVITT

FILED: December 12, 2007

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Department's authority under the Clean Streams Law1 to regulate activities that may impact the Commonwealth's waters is superseded by
Act of June 22, 1937, P.L. 1987, as amended, 35 P.S.

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Pennsylvania Law