Supreme

The West Virginia Supreme Court of Appeals has ruled that state law doesn’t give landowners the right to seek judicial review of well permits issued by the Department of Environmental Protection (DEP). However, the appeals court urged lawmakers to consider changing the law to give landowners more say.

Pennsylvania Department of Environmental Protection (DEP) Secretary Michael Krancer took aim at a state lawmaker for accusing his agency of wrongdoing when it tested water supplies allegedly tainted by natural gas drilling.

A public-sector water conservancy is appealing to the Colorado Supreme Court for the right to divert and store water for prospective clients, including shale oil and gas operators. A state water court earlier denied the proposal by Yellow Jacket Water Conservancy District.

The Pennsylvania Public Utility Commission (PUC) is warning Pittsburgh officials that several portions of the city’s drilling ordinance are incompatible with Act 13, the state’s omnibus Marcellus Shale law.

Pennsylvania Attorney General Linda Kelly and lawyers representing several state agencies have filed briefs with the state Supreme Court, arguing that an appellate court erred when it said portions of Act 13, the state’s new omnibus Marcellus Shale law, were unconstitutional.

A coalition of grassroots organizations in Ohio has started a campaign to restore local governments’ ability to regulate oil and natural gas drilling, a “home rule” power that could potentially be used by opponents of hydraulic fracturing (fracking) to ban the practice in their communities.

The Commonwealth of Pennsylvania is asking the state Supreme Court to expedite its appeal of an appellate court ruling that said portions of Act 13, the state’s new omnibus Marcellus Shale law, are unconstitutional.

The Colorado Mining Association (CMA) has asked the U.S. Supreme Court to consider its challenge to the Clinton-era “roadless rule,” which places restrictions on road-building to carry out energy exploration and production, logging and other commercial activities on forest lands. The CMA petition comes only days after the State of Wyoming petitioned the high court to review the October 2011 decision of the U.S. Court of Appeals for the Tenth Circuit, which had overturned a 2008 U.S. District Court ruling permanently enjoining the enforcement of the roadless rule (see Daily GPI, Oct. 25, 2011). Because the roadless rule violated the National Environmental Policy Act and Wilderness Act. it “must be set aside,” U.S. District Judge Clarence Brimmer of Wyoming wrote in his 2008 decision (see Daily GPI, Aug. 14, 2008). “If allowed to stand, the roadless rule will effectively prevent future mining operations on roadless lands lead to a decrease in mineral and coal production, job losses and sharp decreases in taxes and revenues,” said attorney Paul Seby, who filed the CMA’s petition with the high court.

The Pennsylvania Supreme Court agreed Tuesday to hear an appeal of a property rights case and rule on whether the owner of the property in the Marcellus Shale also owns the shale gas it contains.