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UMCO v. DEPT. OF ENVIRONMENTAL PROTECTION

938 A.2d 530 (2007)

UMCO ENERGY, INC., Petitioner v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondent.

Commonwealth Court of Pennsylvania.

Decided December 12, 2007.

Attorney(s) appearing for the Case

John E. Jevicky and Brandon D. Coneby, Pittsburgh, for petitioner.

Michael J. Heilman, Asst. Regional Counsel, Pittsburgh, for respondent.

Kurt J. Weist, Harrisburg, for intervenor, Citizens for Pennsylvania's Future.

BEFORE: LEADBETTER, President Judge, COLINS, McGINLEY, SMITH-RIBNER, PELLEGRINI, SIMPSON and LEAVITT, Judges.

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...

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