W.Va. City Can't Ban Fracking, Judge Says

Law360, New York (August 12, 2011, 6:28 PM EDT) -- A West Virginia judge on Friday struck down the city of Morgantown, W.Va.’s ban on hydraulic fracturing in shale rock within one mile of its borders, ruling that the city was preempted by the state environmental regulator.

The ruling is a victory for Northeast Natural Energy LLC, which sued Morgantown in June in an attempt to overturn the ban. The company said it had spent some $7 million developing a well for Marcellus Shale gas extraction that would have been shut down.

Judge Susan Tucker ruled...
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