August 30, 2017 / 11:01 PM / in 4 months

4th Circuit nixes West Virginia county's ban on wastewater disposal

Counties in West Virginia cannot ban oil and gas producers from using state-permitted underground injection wells to dispose of wastewater, a divided federal appeals court held on Wednesday.

The 4th U.S. Circuit Court of Appeals, in a 2-1 opinion, agreed with Pittsburgh-based EQT Production Co that Fayette County’s 2016 ban on the “storage, disposal or use” of oil and gas wastewater was preempted by West Virginia’s comprehensive regulation of those activities.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2ekPq44

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