The West Virginia Supreme Court is scheduled to hear oral arguments in a case being appealed by a group of Harrison County landowners that claims Antero Resources Corp.’s operations have created a nuisance and ruined the quality of the area.

The case could have far reaching implications, according to the landowners’ attorneys, who wrote in court documents that hundreds of similar cases are pending against the natural gas industry in courts across the state. The scale of unconventional gas drilling and the infrastructure build out that comes with it, the landowners say, has amounted to the “industrialization of rural West Virginia.”

Landowners allege that Antero’s operations have caused significant damage that has prevented them from enjoying their lives, homes and property. They complain of heavy truck traffic, diesel fumes, vibrations, damage to trees and other vegetation, and excessive lights, noise, dust and disrespectful behavior from the company’s crews.

The case was filed in 2013. Last year, the Circuit Court of Ohio County ruled in favor of Antero, finding that the company is entitled to benefit from the surface and subsurface rights it has obtained from the landowners, along with other agreements for things like road use and pipeline easements. The lower court found that the plaintiffs failed to offer admissible evidence to show that using their properties exceeded the agreements they signed with Antero.

Justices will hear the case at a time when the state Supreme Court is facing a crisis of sorts. The state House of Delegates over the summer adopted articles of impeachment for four current and former justices amid a scandal about court spending. Justice Allen Loughry, who faces fraud and obstruction charges, only recently began his criminal trial. Loughry has been suspended in the meantime.

Complicating matters, the landowners filed a motion requesting that Justice Evan Jenkins, who was sworn in on Oct. 1, disqualify himself from hearing their appeal. Jenkins, a former U.S. congressman, left his seat after Gov. Jim Justice nominated him to fill the vacancy left by Justice Robin Davis, who resigned after being impeached.

The landowners said Jenkins should recuse himself because attorney Ancil Ramey, who is part of Antero’s legal team for the nuisance lawsuit, recently represented Jenkins in a lawsuit that challenged his appointment and attempted to block it.

Ramey is an attorney with Steptoe & Johnson pllc. In response to the motion, the firm said it only represented Jenkins for two weeks during a time before he was sworn in. The firm also said it is not representing Jenkins in any other matter and added that Ramey is not lead council for the Antero case and is not scheduled to present during oral arguments.

Under state law, Jenkins must make the decision to recuse himself. Court spokeswoman April Harless said that as of Friday (Oct. 5), Jenkins had not filed to do so.

Antero is among the Appalachian Basin’s largest gas producers, having carved out a dominant position in West Virginia, where it plans to focus exclusively through 2019. The company produced 2.5 Bcfe/d in 2Q2018, including 113,581 b/d of liquids that were largely produced in the Mountain State, making it one of the nation’s largest liquids producers.