August 30, 2017 / 11:01 PM / a year ago

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.

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