WV Supreme Court Upholds Some Local Zoning for Gas Drilling

Here's a West Virginia court case we were not previously aware of, one that affects the entire state regarding local zoning for shale gas drilling. The West Virginia Supreme Court of Appeals ruled Wednesday that municipal zoning laws are not entirely preempted by state environmental regulations, reversing an intermediate court decision and siding with the City of Weirton against SWN Production Company (Southwestern Energy, now part of Expand Energy). The 4-1 decision found no conflict between the state Department of Environmental Protection's authority over drilling processes and municipalities' power to regulate land use under the Land Use Planning Act.

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