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. Read more here.
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 an Environmental Hearing Board 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--
-- 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.
-- 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,” says 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.”
Click Here for a copy of the agreement.
Click Here for the MWA announcement.
Visit the Mountain Watershed Association website for more information on programs, initiatives, upcoming events and how you can become involved.
Resource Links:
-- Mountain Watershed Association Files EHB Appeal Of DEP's Approval Of The 1,452 Acre Expansion of the Rustic Ridge #1 Coal Mine In Fayette, Westmoreland Counties [PaEN]
-- Mountain Watershed Assn. Appeals DEP Decision To Reject Petition For Unsuitable For Coal Mining In Westmoreland County
-- Mountain Watershed Assn.: Contact The Army Corps Of Engineers To Protect The Laurel Highlands From The Rustic Ridge #2 Coal Mine
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