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Ohio Utica Shale

Appeals court backs Chesapeake on West Virginia waste pits

By Bob Downing Published: September 9, 2013

The U.S. Fourth District Court of Appeals sided with a subsidiary of the Oklahoma-based Chesapeake Energy Corp. to allow waste pits on private property in West Virginia.

The case was brought by West Virginia landowners who complained about the company using their land for permanent disposal of drilling waste (technically a trespassing issue).

Citing West Virginia common law, theappeals court concluded that “creating drill waste pits was reasonably necessary for recovery of natural gas and did not impose a substantial burden on the Whitemans’ surface property,” adding that the practice is common for the area and complies with environmental regulations.

The ruling: is available at http://1.usa.gov/1dQwhmy

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