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Horizontal Well Unitization Comes to West Virginia

SB 694 was passed by the West Virginia Legislature during its 2022 Regular Session on March 9. SB 694 represents a long awaited step forward for the oil and gas industry in West Virginia. The bill authorizes the creation of...more

All Consuming - Financial Litigation Insights, Volume 2, Issue 17

Biden Makes It Easier for Student Loan Borrowers to Get a Mortgage - "The new rule supported by the Biden administration proposed that FHA lenders drop the requirement to calculate student loan payments at 1%." Why this is...more

Navigable Waters Protection Rule (formerly the Clean Water Rule)

On April 21, 2020, the EPA and USACE (jointly the "Agencies") had published in the Federal Register the final rule, "Navigable Waters Protection Rule" (NWPR), which has a scheduled effective date of June 22, 2020. Thus, what...more

Proposed Rule Revisions for NEPA

In another step in President Trump's ongoing efforts to relax environmental restrictions impacting economic development, on January 10, 2020, the Council on Environmental Quality published its proposed rulemaking to update...more

EPA Proposes Rulemaking to Modify Methane Regulations

The U.S. Environmental Protection Agency ("EPA") has proposed rulemaking revisions to the regulation of methane and volatile organic compounds ("VOCs"). The proposed rulemaking was published in the Federal Register on...more

HB 4270 - Information Reporting and Payments to Owners (Check Stubs Relating to Oil and Natural Gas Royalty Payments)

H.B. 4270 - Passed - March 10, 2018 - Signed by Governor - March 27, 2018 - Effective - June 8, 2018 - The Information Reporting and Payments to Owners bill (H.B. 4270) is a companion bill to the Cotenancy...more

Prohibition of Post-Production Expenses on Flat Rate Royalty Leases in West Virginia

Summary of S.B. 360 - SB 360 applies to flat rate royalty leases, i.e. leases for which the royalty is not "inherently related to the volume of oil and gas so extracted, produced, and marketed," and the conditions upon...more

West Virginia Cotenancy Modernization and Majority Protection Act

Summary of H.B. 4268 - At its core, the Cotenancy Modernization and Majority Protection Act ("Act") is a revision to the relationship between cotenants owning "oil or natural gas and their constituents." The Act is...more

Amendments to the Aboveground Storage Tank Act to Become Law

House Bill 2811, amending the Aboveground Storage Tank ("AST") Act, previously passed the West Virginia House and Senate and then was signed by Governor Justice on April 4, 2017. Thus, the amendments to the AST Act included...more

West Virginia Aboveground Storage Tank Act Becomes Effective

On August 1, 2016, the legislative rule promulgated to implement the Aboveground Storage Tank Act became effective. The Rule is 63 pages long and contains detailed requirements for registering, designing, installing,...more

Finally…..The Final Aboveground Storage Tank and Horizontal Well Rules

In March 2016, we predicted that the Aboveground Storage Tank Act (“AST Act”) and changes to the Natural Gas Horizontal Well Control Act (“Horizontal Well Act”) legislative rules would be approved by the West Virginia...more

The Shale Play Today - July 2015

In This Issue: - Northeast Natural Energy, LLC Making History for the Future of Energy: Entrepreneurs are a special breed. The good ones have that special blend of vision, timing and risk tolerance most others lack....more

USEPA and Army Corps of Engineers Release Final Clean Water Rule

On May 27, 2015, the United States Environmental Protection Agency (“USEPA”) and the United States Army Corps of Engineers (“USACE”) released their long-awaited final rule defining the scope of “waters of the United States”...more

W.Va. Senate Bill 423 Amends Aboveground Storage Tank Act

Even before the June 6, 2014 effective date of the Aboveground Storage Tank Act (the “AST Act” or “Act”), W. Va. Code §§ 22-30-1 et seq., representatives of the industries most impacted by the expansive and detailed AST Act...more

The Shale Play Today - March 2015

In This Issue: - West Virginia Senate Bill 423 Amends Aboveground Storage Tank Act: Even before the June 6, 2014 effective date of the Aboveground Storage Tank Act (the "AST Act" or "Act"), W. Va. Code §§ 22-30-1 et...more

AST Act Update: Statutory Amendment Introduced

On February 3, 2015, House Bill 2574 ("HB 2574") was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act...more

Aboveground Storage Tank Act Update: Statutory Amendment Introduced

On February 3, 2015, House Bill 2574 (“HB 2574”) was introduced in the West Virginia Legislature. HB 2574 proposes to remedy the unintended consequences to businesses created by the passage of the Aboveground Storage Tank Act...more

WVDEP Files Proposed Legislative Rule Implementing AST Act

In the latest development relating to West Virginia’s new aboveground storage tank (“AST”) legislation, on December 22, 2014, the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia...more

Meet Your Deadlines: West Virginia AST Act Challenges

In This Presentation: - How We Got Here - Aboveground Storage Tank Act - Key Definitions - Key Elements - Upcoming Deadlines - AST Registration Stats - Interpretive Rule (47 CSR 62) -...more

Meet Your Deadlines: West Virginia AST Act Challenges [Video]

Although the W.Va. Aboveground Storage Tank Act, enacted this spring, is comprehensive in its scope—imposing new requirements for registration, permitting, inspection and certification, notice, spill response planning and...more

WVDEP Adopts Modified Aboveground Storage Tank Interpretive Rule

In the latest development relating to West Virginia’s new aboveground storage tank (“AST”) legislation, yesterday afternoon the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia...more

Aboveground Storage Tanks: New Interpretive Rule and Draft Emergency Rule

By the time you are reading this, the October 1 deadline to register all aboveground storage tanks (“ASTs”) in West Virginia has passed, and the world is still turning. If you have not yet registered your ASTs, it is still a...more

The Shale Play Today - October 2014

In This Issue: - West Virginia Aboveground Storage Tank Act Interpretive Rule Filed and Emergency Rule Out for Comment: The Aboveground Storage Tank Act was enacted in response to the January 9, 2014 spill that...more

Partition Suit Decision Could Be Problematic for W.Va. Oil & Gas Operators

Based on a recent decision in West Virginia’s 3rd Judicial Circuit, which includes Doddridge, Pleasants and Ritchie counties, the use of litigation in the form of partition suits may be more problematic than it otherwise has...more

Aboveground Storage Tank Act Rough Draft Emergency Rule Out for Comment

Late Thursday afternoon, the West Virginia Department of Environmental Protection (“DEP”) published on its website what it characterizes as a “rough draft” of its forthcoming emergency rule (the “Draft Rule”), which is 79...more

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