Federal judge rules against Fayette County frack waste storage ban

From FrackcheckWV


Federal judge rules against Fayette County frack waste storage ban


om an Article by Alex Wiederspiel, WV MetroNews, June 10, 2016

Charleston, WV – A federal judge struck down key portions of an ordinance passed by the Fayette County Commission that essentially banned the practice of storage, disposal, or use of oil and natural gas waste in Fayette County.

In a 45-page ruling, U.S. District Judge John T. Copenhaver Jr found that the Fayette County ordinance violated portions of West Virginia Oil and Gas Act and the Safe Drinking Water Act, was unenforceable in allowing for civil enforcement actions against violators of the ordinance, and that jurisdiction for this type of regulation belongs to the WV DEP.

“The judge ruled in their favor because he felt that the county ordinance didn’t have the weight of federal or state law,” Fayette County Commission President Matthew Wender said.

The suit was brought by Pennsylvania-based gas firm EQT. They operate one underground injection control well in Fayette County to store fracking waste.

Judge Copenhaver issued the ruling Friday morning–several hours before the start of the afternoon hearing. Wender said the Commission’s attorneys were hoping to argue and provide testimony to the fact that the ordinance was in the best interest of public health, but the judge chose not to hear testimony. (emphasis added)

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