Environment & Energy Report

West Virginia Landowners’ Nuisance Claims Over Fracking Fail

June 10, 2019, 10:06 PM

Nuisance claims brought by dozens of West Virginia property owners over drilling under their property have failed.

The West Virginia Supreme Court of Appeals ruled June 10 that the landowners didn’t show that they were being overly burdened by fracking from wells not installed on their property. In its decision, the state’s highest court agreed with a lower court that the affects on the surface landowners from the horizontal drilling activities at issue were “within the implied rights” provided by mineral severance deeds owned by Antero Resources Corp.

The surface owners failed to provide evidence that the drilling...

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