WV Court Vacates Shale Forced Pooling Order for Arsenal Resources

The Intermediate Court of Appeals of West Virginia vacated an order combining 58 oil and gas tracts into a Harrison County drilling unit, ruling that the state’s Oil and Gas Conservation Commission failed to provide sufficient findings of fact. The case involves the "JOsborn 213 Unit" operated by Arsenal Resources, which mineral rights owners claim failed to negotiate in good faith as required by law. The court found the Commission ignored conflicting testimony and provided only summary conclusions rather than a detailed analysis. Consequently, the case was remanded for further proceedings, requiring the Commission to properly evaluate all evidence and issue a new order.

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