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Steptoe & Johnson PLLC: West Virginia DEP Files Emergency Rule For Horizontal Drilling

By Armando F. Benincasa Pursuant to Governor Earl Ray Tomblin's July 12, 2011 Executive Order , the West Virginia Department of Environmental Protection late yesterday filed an emergency rule that will apply to horizontal wells in West Virginia, as well as pad sites in excess of three acres in...

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...

Steptoe & Johnson PLLC: West Virginia DEP Proposes Permit Regulating Stormwater For Oil and Gas Operations

By Armando F. Benincasa The West Virginia Department of Environmental Protection (DEP) issued a draft State General Water Pollution Control Permit proposing to regulate the discharge of stormwater runoff associated with oil and gas construction activities. The proposed Permit would affect discharges...

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...