MELCROFT, Pa. — On August 6, 2026, the Pennsylvania Department of Environmental Protection (DEP) formally accepted Mountain Watershed Association’s petition for technical review under Pennsylvania’s Unsuitable for Mining program—the first petition accepted for review in 30 years.
DEP’s acceptance was required by a July 7, 2026, opinion and order from the Pennsylvania Environmental Hearing Board. In a unanimous decision, the Board ruled that DEP had wrongly rejected MWA’s petition as “frivolous” and directed the Department to accept it for further review.
Acceptance does not yet designate the land as unsuitable for mining or prohibit mining within the petition area. It means DEP can no longer dismiss the petition at the threshold. The Department must now undertake the fuller technical review and public process required by law.
The First Petition Accepted Since 1996
Before MWA’s win, DEP had not accepted a petition into that process since the Muddy Run Watershed petition, which was filed in March 1996. According to DEP’s publicly posted petition list, 14 petitions were submitted in the years after Muddy Run. Of those petitions: five were rejected as frivolous, eight were placed “on hold” and one was withdrawn.
One of the oldest, the petition for Big Run Watershed, was filed in October 1993 and remains without a final action from the Department, nearly 33 years later.
“MWA hopes this victory will breathe new life into Pennsylvania’s Unsuitable for Mining program,” said MWA attorney Melissa Marshall. “The program was created to protect places just like the Youghiogheny River watershed—which endures pollution from historic and active mining operations. The Laurel Highlands should not have to wait another generation for the process the law provides.”
Rustic Ridge #2 Mine
Among other arguments, opponents argued that the Petition could not be accepted because of a pending mine permit application for the Rustic Ridge #2 mine. The mine, proposed by LCT energy, would discharge up to 2 million gallons of treated mine water per day.
The Board rejected the mine company’s argument, making clear that DEP can, and should, conduct the unsuitable-for-mining study simultaneously as reviewing the pending mine permit.
What Happens Next
The Department will undertake a lengthy (10 months at minimum) technical study process which includes gathering original data on the petition area’s water, wildlife, and past mining problems. Unlike a mine permitting process, the technical review looks beyond a mine’s immediate footprint to consider broader impacts, including fish and wildlife, long-term water-supply productivity, cumulative effects of historic mining pollution, and whether mining would damage economic resources in the petition area.
While acceptance does not guarantee the final outcome, it does guarantee a process that has been denied for far too long: a full technical review, meaningful public participation, and a decision based on the evidence.
“The Laurel Highlands shouldn’t have to wait any longer for the process the law provides,” Marshall said. “We look forward to DEP conducting a thorough, transparent, and timely review.”
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