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Steptoe & Johnson PLLC: Judge Overturns City of Morgantown Fracking Ban


 By Armando F. Benincasa

In a ruling late on Friday afternoon, Circuit Court Judge Susan Tucker overturned the city of Morgantown's ordinance banning hydraulic fracturing within city limits and extending one mile outside the city's municipal boundaries.

In a broad ruling, Judge Tucker found that regulation of hydraulic fracturing was the responsibility of the state and the West Virginia Department of Environmental Protection and not the city. The Court noted the Governor's recent Executive Order and legislative efforts being made to address the issue.

With the ruling, Northeast Natural Energy Company can re-start development of two wells previously permitted by the state and located in the Morgantown Industrial Park but halted by the ordinance.

Click here to read the order.

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