(originally published in the Oil & Gas Law Brief on October 10, 2011)

The areas of the country with ongoing or contemplated shale gas production continue to increase in number.  The North Carolina Department of Environment and Natural Resources (DENR) has launched a study of possible shale gas production.  The study was prompted by a geological survey that shows the potential for shale gas production from the Triassic Strata of the Deep River Basin in the central part of the state.  The survey discusses a shale that stretches across approximately 25,000 acres at depths of less than 3000 feet in Lee and Chatham Counties. 

DENR's website contains information about its planned study, existing regulations, upcoming public meetings that will be held October 10 and 18, information about how the public can submit comments via mail or email, a PowerPoint presentation made by the North Carolina Geological Survey to the Environmental Review Commission, and a circular about natural gas and oil in North Carolina.   

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Categories: Environmental Law | Toxic Tort

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On August 17, 2011, the Oil & Gas Law Brief reported that a West Virginia judge had entered an order striking down a ban on hydraulic fracturing enacted by the City of Morgantown.  The judge ruled that West Virginia statutes make oil and gas regulation exclusively a matter of state law, and that local governments do not have authority to enact additional regulations.  That judgment is now final.

The City of Morgantown apparently had planned to appeal, but media reports indicate that the City inadvertently missed the 30-day deadline to file a notice of appeal.  The 30-day deadline is found in West Virginia Rule of Civil Procedure 73, which was amended in December 2010 to add a subsection (c) that requires a party to file a notice of appeal within 30 days of the judgment being appealed.  Previously, parties "perfected" an appeal by taking certain steps within four months of a judgment.  One report quoted the City Manager as saying that he thought the City had four months to appeal, and quoted the City's lead counsel for the litigation as saying, "[W]e overlooked the recent amendment, and I take responsibility for that." 


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