Oil & Gas Interests Continue Onslaught Against WV Residents
From FrackCheckWV
Oil & Gas Interests Continue Onslaught Against WV Residents
My Legislature is Also Against Me Now
SB 508 Takes Away Citizens’ Right to Sue Over Drilling Impacts
>>> Letter from the WV Surface Owners Rights Organization, February 7, 2016
Earlier this week, seven Senators introduced SB 508, which would take away citizens’ ability to bring “nuisance” suits against against oil and gas drillers. As we reported in our Summer 2015 newsletter, a number of these cases have been filed in Doddridge, Harrison, Marion, Pleasants, Ritchie and Kanawha Counties against companies drilling and operating wells to the Marcellus and other shale formations.
A “nuisance” case is somewhat different from a damage, “trespass,” or other case that would be brought by the owner of the surface where a well pad is located. A nuisance case is often brought by the owner of the surface that adjoins or is near a tract where a well pad is located. These suits by neighboring surface owners are usually brought because of the noise, dust or other air pollution, truck traffic, etc. related to the drilling, which has interfered with the neighbors’ use and enjoyment of their land.
SB 508 undermines the law hundreds of West Virginians have used to file suit against the oil and gas companies whose activities have negatively affected their quality and way of life, making it virtually impossible for other affected residents to bring similar suits in the future. Bringing this type of legal action is the only recourse many people have. We can’t let the Legislature take this right away.
Please contact members of the Senate Judiciary Committee ( http://www.legis.state.wv.us/committees/senate/SenateCommittee.cfm?Chart=jud ) and your Senators ( http://www.wvsoro.org/contact/legislators.html ) and tell them to oppose SB 508 ( http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB508%20intr.htm&yr=2016&sesstype=RS&i=508 ) and preserve our right to bring nuisance suits.
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