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West
Virginia's motto as emblazoned on her State
Seal - "Montani Semper Liberi"
(Latin for "Mountaineers are Always Free") -
captures the core constitutional point:
Government - at any level - may not degrade,
diminish or take certain inalienable individual
rights without just cause. Even more concerning
are the situations proliferating in the region
whereby local governments are attempting to
preempt federal and state regulation. West
Virginia Governor Earl Ray Tomblin - by
Executive Order 04-11 - is attempting to balance
regulatory concerns while maintaining and
growing an industry that is fueling the region's
economy and furthering energy independence for
this great
nation.
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Summary
of W.Va. Executive Order 04-11, July 12,
2011
On July 12, 2011, the
Office of the Governor of West Virginia issued
Executive Order No. 04-11,
the goal of which is to encompass and regulate
horizontal drilling and the development of the
Marcellus Shale and other reservoirs that may be
developed through unconventional methods and
directing the West Virginia Department of
Environmental Protection (WVDEP) to take
immediate actions as outlined in the Executive
Order, including promulgation of emergency
rules, to protect the public health, safety and
welfare of our citizens.
The Executive
Order recognizes the importance of the role
natural resources in general and Marcellus Shale
in particular play in the State's economy,
including jobs creation and tax revenue, while
also acknowledging the concerns of our citizens
that the development of our natural resources
must be performed in a manner that minimizes or
eliminates the accidental spills of fluids used
in the drilling and completion of wells in the
Marcellus Shale, improper construction of
production-related infrastructure and other
possible environmental incidents.
The
Executive Order outlines the steps to be taken
by the WVDEP as
follows:
1. Affirms the
WVDEP Memorandum dated July 30, 2010, which
announced that the land application of any
return fluids from completion activities in the
Marcellus Shale formation is
prohibited.
2.
Prohibit the disposal of return fluids from any
gas well completed in the Marcellus Shale into
any publicly-owned wastewater treatment plant,
unless the WVDEP has approved such action in
writing.
Read the full article on our website.
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Spilman Seeks to
Overturn Anti-drilling
Ordinance
As published in Platts
Gas Daily , June 28, 2011. Used with
permission of Gas Daily Copyright© 2011. All
rights reserved.A West Virginia-based
drilling company has alleged in a lawsuit that the
city of Morgantown violated the state's
Constitution by enacting an ordinance that
prohibits drilling for gas within a mile of the
city limits. In a suit filed last week with
the Monongalia County Circuit Court, Northeast
Natural Energy contended that only the state's
Department of Environmental Protection has the
authority to regulate drilling in the state. The
two-year-old Charleston company wants the court to
declare the ordinance "unconstitutional and
unlawful," the suit said. But if Morgantown
should prevail, Northeast Natural attorney Jim Walls said Monday
that the city "will have to pay Northeast a lot of
money for the takings."
Read the full article on our website.
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Morgantown,
W.Va. Ban on Marcellus Shale
Drilling
The
city of Morgantown, W.Va. recently passed an
ordinance banning deep, horizontal gas wells and
hydraulic fracturing (both used in Marcellus Shale
gas drilling) within a mile of its borders. For
more information on the complex legal arguments
involved in this case, click here. |
Wellsburg, W.Va.
Ban on Natural Gas
Drilling
The
city of Wellsburg, W.Va. has also recently banned
natural gas drilling within one mile of its
borders. City officials have stated that they
would reconsider the ordinance if the city could
be guaranteed protection from any possible
problems. Click here to read more
about the Wellsburg
ban.
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Marcellus
Shale Team Member
James
A. Walls (Morgantown)
Jim
has more than 20 years of experience representing energy
clients in litigation and commercial matters, and he has tried
numerous cases to verdict in state and federal courts in and
around West Virginia. He is admitted to practice before all of
the state and federal courts in West Virginia, as well as the
United States District Court for the Eastern District of Ohio
and the federal courts of appeal for the 3rd, 4th and 6th
Circuits. Jim has been recognized by Chambers USA as one of
"America's Leading Lawyers" for Litigation. He has also been
recognized by The Best Lawyers in America for Commercial
Litigation, he was named a West Virginia "Super Lawyer," and
he is a Fellow in the Litigation Council of America. For
more information, click here. |
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Please be aware that this email publication is
distributed with the understanding that the author, publisher
and distributor are not rendering legal or other professional
advice on specific facts or matters and, accordingly, assume
no liability whatsoever in connection with its use.
Responsible Attorney: Michael J.
Basile | | | |
