ELR Citation: ELR 20222
No(s). 08-1452 (W.D. Pa. Sep 16, 2009)

A district court held that two local ordinances declaring it unlawful for any corporation to engage in mining activities within the township are invalid and void. Pennsylvania's Bituminous Mine Subsidence and Land Conservation Act expressly states that the commonwealth maintains primary jurisdiction and the Department of Environmental Protection Resources has exclusive jurisdiction over all bituminous coal mines and mining operations. For this reason alone, the mining ordinances are preempted by the Act. In addition, the Act sets forth a permit process required for corporations to engage in mining activities in the state, and also denies permits to those corporations that have failed or may fail to comply with the provisions of the act. Thus, the mining ordinances' total ban on mining by corporations facially conflicts with the Bituminous Act. Again, this results in preemption of the mining ordinances by the Bituminous Act.