Monday, September 12, 2011

Court Strikes Down Morgantown's Fracking Ban- West Virginia

Morgantown Fracking Ban Overturned


"Morgantown, W.Va. — The Circuit Court of Monongalia County, W.Va. entered summary judgment Friday overturning the City of Morgantown’s recently enacted ordinance banning horizontal drilling and fracking in and around the city. The Court determined that the drilling ban is preempted by the State's regulatory scheme and is therefore invalid, ruling in favor of Northeast Natural Energy (Northeast).

Judge Susan B. Tucker's order came in a  lawsuit filed by Northeast shortly after the ordinance was enacted in late June. Northeast has two Marcellus natural gas wells at a decades-old industrial site across the  Monongahela River from Morgantown. The two wells were fully permitted by the West Virginia Department of Environmental Protection three months before the ordinance was enacted.

Northeast is represented by Spilman Thomas & Battle, PLLC lawyers James A. Walls, Michael S. Garrison and Tamara B. Williamson, each of whom is a skilled litigator with experience in the natural gas industry."

Link to law firm website - 

Posted for informational purposes only

1. Ordinance passed City's June 21, 2011

2. Overturned  August 12, 2011  - That is a quick court system.

3. This appears to be the intent of the ordinance that was overturned
“An ordinance repealing Article 721 of the City of Morgantown’s Business and Taxation Code and replacing it with a new Article 721, which prohibits oil and gas drilling operations which involve horizontal drilling with fracturing or fracking within the City, and the operation of wells that utilize horizontal drilling with fracturing or fracking within one mile of the Morgantown City limits.” (The first reading was adopted on June 7, 2011.)  The vote was 6 in favor and 1 opposed." - Source

4. I looked at the City of Morgantowns Website for the Ordinance I found this link to all their ordinances.  I did not find the ordinance in question.

1 comment:

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