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Babst Calland: New Horizontal Well Location Restrictions and Setback Requirements in West Virginia

Oil and natural gas operators should be aware that new horizontal well location restrictions and setback requirements, that are included in the recently adopted Horizontal Well Act (the Act), may significantly affect well drilling plans in West Virginia. Any well work permit application filed with the...

Babst Calland: West Virginia Office of Oil and Gas Proposes New Rule to Regulate Horizontal Wells

On June 28, 2012, the West Virginia Department of Environmental Protection (WVDEP), Office of Oil and Gas (OOG), proposed a new rule, 35 CSR 8, to regulate horizontal well development. This action by the OOG is the latest in a series of measures taken by West Virginia lawmakers in response to the growing...

Steptoe & Johnson PLLC: W.Va. Supreme Court to Decide Rights of Surface Owners

By Bridget Furbee The Supreme Court of Appeals of West Virginia will decide a certified question sent by the Doddridge County Circuit Court. On September 25, 2012, oral argument was held before the Court in the case of James Martin, Director DEP and EQT Production Co. v. Matthew Hamblet . The surface...

Steptoe & Johnson PLLC: W. Va. DEP Issues Modified Oil and Gas Horizontal Well Rule

The West Virginia Department of Environmental Protection filed a modified version of 35 CSR , Series 8, the agency's new oil and gas horizontal well legislative rule, with the Secretary of State on September 14, 2012. The modified rule includes a response to comments previously filed by various industry...

Steptoe & Johnson PLLC: West Virginia Supreme Court Rules Surface Owners Have No Right to Appeal Well Work Permits

By Armando Benincasa and Bridget Furbee [On Nov. 21] the West Virginia Supreme Court of Appeals issued an important decision regarding whether surface owners have a right to appeal well work permits issued by the West Virginia Department of Environmental Protection in the state's circuit courts...

Steptoe & Johnson PLLC: West Virginia House Judiciary Amends Horizontal Well Legislative Rule

By Armando F. Benincasa and G. Kurt Dettinger On April 9, 2013, the House Judiciary Committee amended SB 243, the West Virginia Department of Environmental Protection ("WVDEP") rules bill which includes the promulgation of permanent legislative rules, 35 Code of State Rules, Series 8, regarding...

Steptoe & Johnson PLLC: WVDEP Issues New Storm Water Construction General Permit for Oil and Gas Projects

By Armando F. Benincasa The West Virginia Department of Environmental Protection (WVDEP) issued its long-delayed Storm Water Construction General Permit for Oil and Gas projects this past Monday. The permit which will impact greatly oil and gas industry support activities, such as pipeline construction...