Lawsuit on the Horizon for WV’s New Marcellus Law?
Please see an important update at the end of this article.
West Virginia’s new Marcellus drilling law is not yet a week old (see this MDN story for a summary of what’s in the new law), and already some who are unhappy with the law are talking lawsuit. The Charleston, WV Rotary Club hosted a luncheon at the Civic Center on Monday with a panel discussion presenting four different viewpoints on the new law. None of the four, who included those who favor drilling and those who don’t, were happy with the final version. But one in particular, Dave McMahon, a Charleston public interest lawyer, is threatening to sue over the new law.
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A new Marcellus drilling law (highlights of the law listed below) passed in a special session of the West Virginia legislature and has been signed by Gov. Earl Ray Tomblin into law. Yesterday, the WV House of Delegates voted 92-5 and the Senate voted 33-0 to pass the measure, known as the “Horizontal Well Act,” which was immediately signed by the governor.
In a surprise move, two West Virginians have announced their intention to build an ethane cracker plant in the state. Former state Supreme Court Justice Richard Neely and Ryan Cunningham, owner of Charleston-based Cunningham Energy have formed a partnership with a few others and will try to get the necessary permits and financing to build an ethane cracker plant on a 1,500-acre plot near Montgomery, WV.
State officials in West Virginia are angry with Chesapeake Energy over the announcement that Chesapeake has signed a deal to ship ethane out of the Marcellus region via pipeline to the Gulf Coast for processing. A quick petrochemical lesson: Some of what comes out of the ground when drilling for natural gas is the chemical compound ethane—especially found in “wet gas” areas of the Marcellus like West Virginia. Ethane can be processed into ethylene, which is the raw material used to make plastics.