Posts by WVSORO
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Surface Neighbors Can Still Sue for Nuisance Sometimes
Pads and Other Disturbance Advice WVSORO June 14, 2021
Elsewhere in this newsletter is an article explaining that as a result of a West Virginia Supreme Court decision, in almost all cases, surface owners can sue for substantial money if a driller uses their surface for a pad, road etc. for a horizontal well -- even sometimes if the surface owner already signed an agreement. More
Issues: Horizontal wells, Nuisance suits, Roads, Well pads
Pads and Other Disturbance Advice WVSORO June 14, 2021
Elsewhere in this newsletter is an article explaining that as a result of a West Virginia Supreme Court decision, in almost all cases, surface owners can sue for substantial money if a driller uses their surface for a pad, road etc. for a horizontal well -- even sometimes if the surface owner already signed an agreement. More
Issues: Horizontal wells, Nuisance suits, Roads, Well pads
Full analysis of West Virginia Supreme Court case on nuisance
Pads and Other Disturbance Advice WVSORO June 14, 2021
A Surface Lawyer's Take on Andrews vs. Antero Resources Corporation 241 W.Va. 796, 828 S.E.2d 858 (2019) Prepared November 1, 2019, by David McMahon. J.D. More
Issues: Nuisance suits
Pads and Other Disturbance Advice WVSORO June 14, 2021
A Surface Lawyer's Take on Andrews vs. Antero Resources Corporation 241 W.Va. 796, 828 S.E.2d 858 (2019) Prepared November 1, 2019, by David McMahon. J.D. More
Issues: Nuisance suits
The Legislature is cutting the budget for oil and gas well inspectors, not fixing it!
Updates and Alerts WVSORO April 5, 2021
The staffing level of the DEP Office of Oil and Gas was cut from 40 to 25 positions last year due to a budget deficit. There is now only 1 oil and gas inspector for every 7000 oil or gas wells and their associated tanks in West Virginia. More
Issues: Aboveground tanks, DEP, Oil and Gas
Updates and Alerts WVSORO April 5, 2021
The staffing level of the DEP Office of Oil and Gas was cut from 40 to 25 positions last year due to a budget deficit. There is now only 1 oil and gas inspector for every 7000 oil or gas wells and their associated tanks in West Virginia. More
Issues: Aboveground tanks, DEP, Oil and Gas
WVSORO and WVRC file comments against Diversified pilot project to take shortcuts plugging wells.
Updates and Alerts WVSORO March 18, 2021
Diversified Gas & Oil wants to plug wells without first pulling out the metal casing that is not cemented into the well borehole. WVSORO is concerned that this cannot be reliably done, and that the metal casing, when it eventually rusts away, will leave a pathway for gas to travel up to groundwater or the surface. More
Updates and Alerts WVSORO March 18, 2021
Diversified Gas & Oil wants to plug wells without first pulling out the metal casing that is not cemented into the well borehole. WVSORO is concerned that this cannot be reliably done, and that the metal casing, when it eventually rusts away, will leave a pathway for gas to travel up to groundwater or the surface. More
Stop newest forced pooling bill. Attend Farm Bureau meeting Monday!
Updates and Alerts WVSORO March 4, 2021
WVSORO has said in the past that a good forced pooling bill could be a good thing. Not anymore. For one thing we have yet to see a good forced pooling bill offered by the drillers. And they have not even offered to negotiate with us or mineral owners before the Legislature started. Instead they introduced two bills late into this year's delayed legislative session that are perhaps the worst ever. More
Issues: Leasing, Pooling
Updates and Alerts WVSORO March 4, 2021
WVSORO has said in the past that a good forced pooling bill could be a good thing. Not anymore. For one thing we have yet to see a good forced pooling bill offered by the drillers. And they have not even offered to negotiate with us or mineral owners before the Legislature started. Instead they introduced two bills late into this year's delayed legislative session that are perhaps the worst ever. More
Issues: Leasing, Pooling
FRIDAY MORNING People’s Public Hearing on deregulation of some oil and gas well tanks!
Updates and Alerts WVSORO February 24, 2021
Oil and gas "brine" and oil tanks on surface owners need more regulation. Right now there is only one Office of Oil and Gas inspector for every 5000 wells many of which have associated tanks. There are no required State Office of Oil and Gas inspections of the 70,000 wells in the State, and if there is a tank at a well it could have crawdad holes etc. negating secondary containment. More
Issues: Aboveground tanks, Pollution, Water
Updates and Alerts WVSORO February 24, 2021
Oil and gas "brine" and oil tanks on surface owners need more regulation. Right now there is only one Office of Oil and Gas inspector for every 5000 wells many of which have associated tanks. There are no required State Office of Oil and Gas inspections of the 70,000 wells in the State, and if there is a tank at a well it could have crawdad holes etc. negating secondary containment. More
Issues: Aboveground tanks, Pollution, Water
Act Now: Protect Our Drinking Water and Reject HB 2598
Updates and Alerts WVSORO February 20, 2021
The WV Legislature and industry lobbyists have brought back the bill for exemptions to the Aboveground Storage Tank Act as HB 2598, reintroduced this week and expected to make the House Energy and Manufacturing Committee agenda on Tuesday morning, February 23. More
Issues: Pollution, Water
Updates and Alerts WVSORO February 20, 2021
The WV Legislature and industry lobbyists have brought back the bill for exemptions to the Aboveground Storage Tank Act as HB 2598, reintroduced this week and expected to make the House Energy and Manufacturing Committee agenda on Tuesday morning, February 23. More
Issues: Pollution, Water
2021 legislative priorities
Blog WVSORO January 26, 2021
Restoring and increasing funding to the DEP’s Office of Oil and Gas will be our lead priority this year. But we will still be pushing legislation to have the property rights of surface owners recognized, to increase their chances of owning some of the minerals under them, and to deal with thousands and thousands of orphaned wells and other environmental problems. More
Issues: Abandoned wells, Land re-union, Legislation, Pipelines
Blog WVSORO January 26, 2021
Restoring and increasing funding to the DEP’s Office of Oil and Gas will be our lead priority this year. But we will still be pushing legislation to have the property rights of surface owners recognized, to increase their chances of owning some of the minerals under them, and to deal with thousands and thousands of orphaned wells and other environmental problems. More
Issues: Abandoned wells, Land re-union, Legislation, Pipelines
Winter 2020/21 Newsletter
Newsletter WVSORO January 12, 2021
Read about valuing your surface rights, funding needed for the Office Oil and Gas, possible stimulus money to plug wells, a look back at our successes in the 2020 legislature, and a look at our 2121 Legislative priorities. More
Issues: Fracking, Horizontal wells, Legislation, Oil and Gas, Orphaned wells
Newsletter WVSORO January 12, 2021
Read about valuing your surface rights, funding needed for the Office Oil and Gas, possible stimulus money to plug wells, a look back at our successes in the 2020 legislature, and a look at our 2121 Legislative priorities. More
Issues: Fracking, Horizontal wells, Legislation, Oil and Gas, Orphaned wells
I own a share of a mineral tract and I have been included in (or threatened with) a partition suit. What should I do? A West Virginia Supreme Court case stops mineral partition suits. Use it!
Partition Suit Advice WVSORO April 2, 2020
If you are sued for partition of your interest in a mineral tract, or if you are just threatened with such a lawsuit to try to get you to sign a lease or to sign a lease with terms that you do not want, do not be alarmed. You should know that the West Virginia Supreme Court has made a decision which we believe says that minerals are not subject to partition. More
Issues: Partition suits
Partition Suit Advice WVSORO April 2, 2020
If you are sued for partition of your interest in a mineral tract, or if you are just threatened with such a lawsuit to try to get you to sign a lease or to sign a lease with terms that you do not want, do not be alarmed. You should know that the West Virginia Supreme Court has made a decision which we believe says that minerals are not subject to partition. More
Issues: Partition suits
Dave McMahon Metro News Radio Interview: Update on Orphaned Well Bills
Updates and Alerts WVSORO January 16, 2020
In our newsletter we said that one of our legislative priorities was a trio of bills to provide money to plug wells that have already become orphans. Two of those bills already passed out of the first committee in the House! More
Issues: Abandoned wells, Legislation, Orphaned wells
Updates and Alerts WVSORO January 16, 2020
In our newsletter we said that one of our legislative priorities was a trio of bills to provide money to plug wells that have already become orphans. Two of those bills already passed out of the first committee in the House! More
Issues: Abandoned wells, Legislation, Orphaned wells
Winter 2019/2020 Newsletter
Newsletter WVSORO January 14, 2020
The West Virginia Supreme Court has issued a much anticipated decision upholding the property rights of surface owners when well drillers try to use their surface for the enormous well pads necessary to drill horizontally. More
Issues: Abandoned wells, Well pads
Newsletter WVSORO January 14, 2020
The West Virginia Supreme Court has issued a much anticipated decision upholding the property rights of surface owners when well drillers try to use their surface for the enormous well pads necessary to drill horizontally. More
Issues: Abandoned wells, Well pads
WV-SORO 2020 Legislative Priorities
Blog WVSORO December 1, 2019
Legislation to have the property rights of surface owners recognized, to increase their chances of owning some of the minerals under them, and to deal with orphaned wells and other environmental problems, continue to be WV-SORO's legislative priorities for 2020. We will also be active opposing legislation the industry introduces (out of its sense of entitlement) which will harm the interests of surface owners (including some fortunate few of whom are also small mineral interest owners). More
Issues: Abandoned wells, Eminent domain, Fence-line monitoring, Horizontal wells, Land re-union, Orphaned wells, Pipelines
Blog WVSORO December 1, 2019
Legislation to have the property rights of surface owners recognized, to increase their chances of owning some of the minerals under them, and to deal with orphaned wells and other environmental problems, continue to be WV-SORO's legislative priorities for 2020. We will also be active opposing legislation the industry introduces (out of its sense of entitlement) which will harm the interests of surface owners (including some fortunate few of whom are also small mineral interest owners). More
Issues: Abandoned wells, Eminent domain, Fence-line monitoring, Horizontal wells, Land re-union, Orphaned wells, Pipelines
Information on the Marcellus Shale
Blog WVSORO August 4, 2019
Numerous links to resources for information on the Marcellus Shale More
Issues: Leasing, Marcellus shale, Oil and Gas
Blog WVSORO August 4, 2019
Numerous links to resources for information on the Marcellus Shale More
Issues: Leasing, Marcellus shale, Oil and Gas
Why Multiple Horizontal Wells from centralized well pads should be used for the Marcellus Shale
Advice, Blog, Leasing / Amendment Advice WVSORO July 8, 2019
The Marcellus Shale is the newest “play” in gas drilling in West Virginia and other states in the East. It is different from other plays in that it produces much more gas, and is under much more area (as explained below) than previous plays. More
Issues: Horizontal wells, Leasing, Marcellus shale
Advice, Blog, Leasing / Amendment Advice WVSORO July 8, 2019
The Marcellus Shale is the newest “play” in gas drilling in West Virginia and other states in the East. It is different from other plays in that it produces much more gas, and is under much more area (as explained below) than previous plays. More
Issues: Horizontal wells, Leasing, Marcellus shale
You now CAN block a horizontal well pad from being placed on your land
WV Surface Owners' Guide Update WVSORO June 5, 2019
If you own the surface and the minerals, and in particular any of the coal, then owning the coal will work for you to block them from using your land for a well pad that will contains several horizontal wells. More
Issues: Floodplains, Horizontal wells
WV Surface Owners' Guide Update WVSORO June 5, 2019
If you own the surface and the minerals, and in particular any of the coal, then owning the coal will work for you to block them from using your land for a well pad that will contains several horizontal wells. More
Issues: Floodplains, Horizontal wells
Surface Owners’ Rights Organization Renews Request to Governor To Put Well Plugging Money Bill on Special Session Call
Press Release WVSORO May 14, 2019
Three bills were alive on the last day of the Legislative Regular Session that would have provided money to begin plugging orphaned gas wells. Two, SB 665 and HB 2779, would together have paid to plug maybe 100 orphaned wells a year died unexpectedly. One bill, HB 2673, that might have plugged 60 orphaned wells a year did pass. However, it was unexpectedly vetoed by the Governor. That bill was reported to be vetoed for technical reasons. Putting an improved version of the vetoed plugging money bill on the special session call is an important first step to addressing the problem of these wells that pollute groundwater and surface and devalue innocent surface owners' lands. We ask the Governor to do so. More
Issues: Abandoned wells, Legislation, Orphaned wells, Pollution, Reclamation fund, Water
Press Release WVSORO May 14, 2019
Three bills were alive on the last day of the Legislative Regular Session that would have provided money to begin plugging orphaned gas wells. Two, SB 665 and HB 2779, would together have paid to plug maybe 100 orphaned wells a year died unexpectedly. One bill, HB 2673, that might have plugged 60 orphaned wells a year did pass. However, it was unexpectedly vetoed by the Governor. That bill was reported to be vetoed for technical reasons. Putting an improved version of the vetoed plugging money bill on the special session call is an important first step to addressing the problem of these wells that pollute groundwater and surface and devalue innocent surface owners' lands. We ask the Governor to do so. More
Issues: Abandoned wells, Legislation, Orphaned wells, Pollution, Reclamation fund, Water
Legislative Update 2019: What Happened & What’s Next
Updates and Alerts WVSORO April 15, 2019
In the end there was lots to be disappointed about. No bill moved that would have prevented more wells from becoming orphaned. On the other hand, thanks in parts to the contacts some of you made when we asked you, we may get some money from at least one bill to start plugging wells and putting a dent into the existing problem. Importantly we did enormous consciousness raising causing on the orphaned well issue. We may yet get something this year. And with your help and support, we can do even better next year, not just on orphaned wells, but on pipelines, and on reunification, and on surface owner protections. More
Issues: Abandoned wells, DEP, Horizontal wells, Legislation, Marcellus shale, Oil and Gas, Orphaned wells, Reclamation fund
Updates and Alerts WVSORO April 15, 2019
In the end there was lots to be disappointed about. No bill moved that would have prevented more wells from becoming orphaned. On the other hand, thanks in parts to the contacts some of you made when we asked you, we may get some money from at least one bill to start plugging wells and putting a dent into the existing problem. Importantly we did enormous consciousness raising causing on the orphaned well issue. We may yet get something this year. And with your help and support, we can do even better next year, not just on orphaned wells, but on pipelines, and on reunification, and on surface owner protections. More
Issues: Abandoned wells, DEP, Horizontal wells, Legislation, Marcellus shale, Oil and Gas, Orphaned wells, Reclamation fund
Help Prevent One of the Most (If Not the Most) Widespread Environmental & Property Rights Disasters in WV
Updates and Alerts WVSORO February 15, 2019
One of, if not the most, widespread environmental and property rights disasters ever is now unfolding in West Virginia! WV-SORO needs your help to hold drillers responsible and keep this from happening. Please contact your Senators and Delegate(s) and tell them to support a strong Orphaned Oil and Gas Well Prevention Act (SB 576 & HB 3065). More
Issues: Abandoned wells, Legislation, Oil and Gas, Orphaned wells, Water
Updates and Alerts WVSORO February 15, 2019
One of, if not the most, widespread environmental and property rights disasters ever is now unfolding in West Virginia! WV-SORO needs your help to hold drillers responsible and keep this from happening. Please contact your Senators and Delegate(s) and tell them to support a strong Orphaned Oil and Gas Well Prevention Act (SB 576 & HB 3065). More
Issues: Abandoned wells, Legislation, Oil and Gas, Orphaned wells, Water
Orphaned Well Prevention Act Fact Sheet
Document WVSORO February 15, 2019
The pace of the most widespread property rights and environmental disaster ever in West Virginia is exploding. The Legislature needs to act now & pass the “Orphaned Oil and Gas Well Prevention Act” (SB 576 & HB 3065)! Read our fact sheet to learn more about why this legislation is needed. More
Issues: Abandoned wells, Orphaned wells, Pollution, Water
Document WVSORO February 15, 2019
The pace of the most widespread property rights and environmental disaster ever in West Virginia is exploding. The Legislature needs to act now & pass the “Orphaned Oil and Gas Well Prevention Act” (SB 576 & HB 3065)! Read our fact sheet to learn more about why this legislation is needed. More
Issues: Abandoned wells, Orphaned wells, Pollution, Water