MWA protects streams while coal mine appeal moves forward

Mountain Watershed Association (MWA) and LCT Energy, LP (LCT) have reached a “Joint Stipulation as Alternative to Supersedeas” in MWA’s ongoing appeal of the Rustic Ridge #1 mine expansion. This agreement establishes stronger protections for local water resources while MWA’s legal challenge moves forward before the Environmental Hearing Board.

MWA appealed the mine expansion in June 2025, citing serious concerns about irreversible water loss and damage to area streams. Normally, mining could continue during the lengthy 1–2 year appeal process—potentially causing permanent harm before a judge rules. To avoid this, groups like MWA can request a “supersedeas,” which is a court order that hits the pause button and stops the activity until the appeal is decided. 

Instead of going through a drawn-out court process to get this kind of emergency halt, MWA and LCT agreed to a stipulation that puts several key safeguards in place right away:

1. Stream Protections and Extra Support
LCT Energy will not mine beneath five important streams while MWA’s appeal is pending, and both parties will negotiate and define specific protective buffer zones for each stream. If LCT later wants to mine under these streams, it must provide MWA at least 45 days’ advance notice, giving MWA time to ask the Environmental Hearing Board to halt or restrict mining if necessary. For two streams where mining cannot be avoided, LCT must leave extra structural support—designing those areas to a stability factor of 4.0, double the permit requirement, to greatly reduce the risk of subsidence or other impacts.

2. Weekly Water Monitoring
Starting August 25, 2025, LCT monitors water weekly at 16 locations and shares the data with MWA. Required video and photo documentation will help catch any visible signs of stream dewatering or flow loss early—before permanent damage occurs.

“It’s a fundamental flaw that operators are allowed to keep mining while appeals are pending, meaning the damage could be done before a judge decides the case,” said MWA attorney Sarah Thomas. “This agreement secures the protections we would have sought through an emergency ‘supersedeas’ but without forcing either side through a protracted court fight.”

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MWA has invested millions of dollars building abandoned mine drainage treatment systems to improve water quality in the Youghiogheny River watershed. Given the tendency for mining in this area to produce discharges, any current and proposed coal mining activity risks undoing 20 years of essential restoration work. Learn more and donate to MWA’s campaign at mtwatershed.com/rustic-ridge-coal-mine/ 

Join a fundraiser in person! On October 5, MWA is hosting the annual HeART of the Highlands Candlelight Piano Recital at Sparks in the Valley at 6:00 pm – 8:00 pm. Proceeds benefit the Rust Ridge Legal Defense Fund. Tickets and more information at mtwatershed.com/events