On Tuesday, September 25, 2012, Lewis Glasser Casey & Rollins PLLC will argue before the West Virginia Supreme Court of Appeals on behalf of a natural gas producer the certified question presented to the state Supreme Court in the case of Martin, et al. v. Hamblet, Docket No. 11-1157.
At issue is whether a surface owner is entitled to a direct appeal to the Circuit Court based on the issuance of a well work permit to a natural gas producer over the objection of a surface owner.
The position of both the natural gas producer and the Office of Oil and Gas is that no such appeal is provided for by statute or due process principles on behalf of surface owners when the well at issue is a shallow gas well, including Marcellus Shale wells.
If the Court determines that a surface owner does have a right to appeal the issuance of a well work permit, the process of obtaining a well work permit will likely take substantially more time and result in increased costs to both producers and the Office of Oil and Gas.
Related News Articles:
West Virginis Supreme Court to hear key gas-drilling
Landowners fighting for the right to appeal permits
The Charleston Gazette, September 23, 2012
Supreme Court set to hear landmark gas drilling case
The Register-Herald, September 25, 2012