Energy & Environmental Law Blog

Energy & Environmental Law Blog

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Tag Archives: West Virginia

Federal Appeals Court Affirms Decision Striking Down Fayette County, WV Wastewater Injection Ban

Posted in Energy
On August 30, 2017, the United States Court of Appeals for the Fourth Circuit upheld a district court’s decision striking down a Fayette County, WV ordinance prohibiting wastewater injection.  EQT Production Company challenged the ordinance—which restricted “storage, treatment, injection, process or permanent disposal” of wastewater within the county, including specifically, the use of injection wells… Continue Reading

Federal Court Rejects Class Action Alleging Improper Deduction of Post-Production Costs

Posted in Energy
On August 24, 2017, the United States District Court for the Northern District of West Virginia granted summary judgment to producers in a class action lawsuit concerning the deduction of flat-rate post-production costs. In Kinney v. CNX Gas Company, LLC, et al., the parties’ leases provided that the lessors would receive a percentage of the… Continue Reading

West Virginia Supreme Court of Appeals Holds Certain Lessees May Deduct Post-Production Costs

Posted in Energy
On Friday, May 26, 2017, the West Virginia Supreme Court of Appeals released its decision in Patrick D. Leggett, et al. v. EQT Production Company, et al. and held that lessees subject to West Virginia Code § 22-6-8 may deduct post-production costs actually incurred from the lessor’s royalty.  The reasonableness of post-production expenses, however, is a question of fact.… Continue Reading

New Marcellus Shale Estimate

Posted in Energy
This is a large increase:  A Penn State University geoscientist estimates that there may be more than  360 Tcf of natural gas recoverable in the Marcellus Shale.  This is seven times greater than his earlier estimate.… Continue Reading