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EPA declines to create new air pollution control program for coal mines for now.

Dinsmore & Shohl LLP
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USA
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May 16 2013

By letter dated April 30, 2013, EPA Acting Administrator Bob Perciasepe denied a petition filed by the Sierra Club and other groups, seeking to have

W.Va. Supreme Court affirms award of attorneys’ fees and expenses against WVDEP in surface mine board appeals

Dinsmore & Shohl LLP
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USA
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October 30 2012

By a per curiam (“for the Court”) decision issued on October 19, 2012, the West Virginia Supreme Court of Appeals ruled that the West Virginia Department of Environmental Protection (“WVDEP”) is obligated to pay the Hominy Creek Preservation Association (“HCPA”) more than $300,000 in attorneys’ fees and costs incurred in connection with two consolidated appeals brought before the West Virginia Surface Mine Board

The continuing evolution in mine permitting: EPA's war against coal reaches new heights

Dinsmore & Shohl LLP
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USA
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February 22 2011

Elections, we have been told, have consequences

Shale gas operations: freshwater impoundments under scrutiny

Dinsmore & Shohl LLP
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USA
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March 29 2012

Horizontal wells drilled into the Marcellus Shale formation typically require as much as five million gallons of water or more for use in hydraulic fracturing

D.C. District Court trumps EPA on Clean Water Act permitting

Dinsmore & Shohl LLP
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USA
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April 4 2012

If one was to search the Internet using the phrases “EPA,” “stunning,” and “entirely disingenuous,” as of March 23, 2012, a new document would be included in the list of results

West Virginia enacts comprehensive horizontal gas wells statute

Dinsmore & Shohl LLP
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USA
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January 4 2012

Allowing West Virginia Governor Earl Ray Tomblin to hold true to a campaign pledge, on December 14, 2011, the Legislature passed (in Special Session) House Bill 401, encompassing the “Natural Gas Horizontal Well Control Act” as well as amendments to several existing laws that together establish a comprehensive, detailed system for permitting and regulation of horizontal natural gas wells

Court addresses surface owner appeal rights involving Marcellus Shale gas wells

Dinsmore & Shohl LLP
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USA
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September 27 2012

On September 25, 2012, the West Virginia Supreme Court of Appeals entertained oral arguments in the case of James Martin, Director v. Matthew L. Hamblet, Docket No. 11-1157

WVDEP secretary addresses shale gas permitting delays

Dinsmore & Shohl LLP
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USA
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May 21 2012

The West Virginia Department of Environmental Protection (WVDEP) is currently taking an average of four months to process a complete well work permit application for proposed horizontal wells to be drilled in the Marcellus Shale gas formation, according to WVDEP Secretary Randy Huffman

Appeals Court reinstates EPA “veto” over Corps’ mining-related permit

Dinsmore & Shohl LLP
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USA
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April 29 2013

In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on

West Virginia surface owners may not appeal gas well permits

Dinsmore & Shohl LLP
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USA
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November 27 2012

As reported on September 27, 2012, the West Virginia Supreme Court of Appeals was recently presented with a certified question concerning whether surface rights owners may bring a court action to challenge gas well drilling permits issued by the West Virginia Department of Environmental Protection (“DEP”

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