Landowners Refile Lawsuit to Block WV’s New Forced Pooling Law

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Two weeks ago, a lawsuit brought by two West Virginia landowners seeking to overturn the state's newly enacted forced pooling (i.e. unitization) law was tossed by a federal judge (see Lawsuit to Block West Virginia’s New Forced Pooling Law Tossed Out). The judge told the landowners the lawsuit they filed had sued the wrong person/entity by suing Gov. Jim Justice for signing the measure into law. The judge left the door open for the lawsuit to be refiled. Taking the judge's direction and advice, the landowners have just refiled the lawsuit, this time against the state Dept. of Environmental Protection, the Oil and Gas Conservation Commission, and Attorney General Patrick Morrisey.

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