Looks Like Forced Pooling is, After 5 Years, Coming to WV
Sadly, it appears that West Virginia House Bill (HB) 2688 is all but passed in the WV legislature. The WV legislature meets for 60 days each year (we wish it were that way in New York!). There’s only three days left in the session for this year and HB2688 has been on a freight train fast track. We told you last week the bill had passed the House and had gone to the Senate (see WV Forced Pooling HB2688 Passes House, Heads to Senate). The bill was voted on and passed in the Senate Judiciary Committee. The next stop is a vote by the full Senate and Charleston insiders predict it will pass with a minimum of fuss. This forced pooling bill is supposedly different than previous versions that failed to pass over the past five years. HB2688 requires 80% of surrounding land to be leased before the final 20% can be forced to allow drilling under (not on) their land. Good for the 80% and for drillers, but it violates the sacrosanct property rights of the 20%. In addition to HB2688, a second bill important to the oil and gas industry is poised to pass, Senate Bill (SB) 423, which will lessen the reporting burden from a previous law that requires all above ground storage tanks to be registered…
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On March 3, a federal judge awarded a Tyler County, WV mineral owner $4.8 million in present and future royalties (plus interest) as damages in a dispute involving the operator’s failure to follow through on some unusually generous lease terms. The operator, Cunningham Energy LLC of Charleston, WV, had promised to horizontally drill eight wells to and through the Marcellus Shale formation within three years, but was unable to do so–largely because the leaseholds were far too small to develop as stand-alone units, and the surrounding lands turned out to be already under lease to other drillers…
Three weeks ago MDN reported a Buffalo, NY-based company had successfully gotten all necessary permits to move forward with building a $615 million, 549 megawatt electrical generating plant near Moundsville, WV that will be powered by Marcellus Shale gas (see
West Virginia House Bill (HB) 2688 (see