E&P Wetlands Compliance Strategy: Nationwide Permits

Law360, New York (October 9, 2014, 10:51 AM EDT) -- On Sept. 2, 2014, the U.S. Department of Justice announced a settlement in United States v. Trans Energy Inc., No. 14-117 (N.D.W.Va.), requiring Trans Energy Inc. to pay $3 million in civil penalties and to spend approximately $13 million to restore 15 sites in West Virginia that it had developed without dredge and fill permits. The federal government and West Virginia alleged the company impounded streams and discharged dirt, sand, rocks and other materials into streams and wetlands without permits to construct well pads, pipeline stream crossings, surface impoundments and other structures relating to natural gas extraction. According to the DOJ, the violations impacted 13,000 linear feet of stream and more than an acre of wetlands. The Trans Energy settlement shows that exploration and production companies need a rigorous compliance strategy for wetlands permit requirements....

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