WV Development Can Go Forward
Earlier this week, the West Virginia Supreme Court of Appeals cleared the path for oil and gas development in Chief Logan State Park, according to this article in the Charleston Gazette. The pivotal question, according to the court, was whether "the statutory provision prohibiting the DNR from authorizing mineral exploitation within West Virginia state parks, i.e., W. Va. Code § 20-5-2(b)(8), preclude the issuance of the well permits for which Cabot has applied?" The court found that it did not, holding that "W. Va. Code § 20-5-2(b)(8) has no preclusive effect upon the requested permits herein insofar as this statutory language was enacted after the 1960 deed conveying the subject property was executed. As such, W. Va. Code § 20-5-2(b)(8) cannot be applied to retroactively modify the parties' written agreement memorialized in their deed." (Emphasis is ours.)
For a copy of the court's decision, see here (Cabot Oil & Gas v. Huffman, Case Nos. 35508, 35509, 35510, and 35511).
