West Virginia

This Article summarizes and discusses important cases, legislation, and regulations issued or enacted pertaining to the oil and gas jurisprudence of West Virginia between September 1, 2010, and August 31, 2011. The Authors acknowledge that the term important is subjec- tive; nevertheless, they endeavor to discuss the most germane cases and regulations affecting the oil and gas industry. This Article is divided into two parts. Part One discusses a very important regulation promulgated by the Office of Oil and Gas, a division of the West Virginia Department of Environmental Protection, regarding water use by the oil and gas industry when drilling horizontal wells. Noticeably absent from this Part is any discussion of major legislation affecting the oil and gas industry. During the requisite period, no significant legislation was enacted, which the Authors subjectively deemed worthy of discussion. Nevertheless, the legislature introduced numerous bills, which if enacted, would have substantially impacted the oil and gas industry. Part Two of this Article discusses developments in West Virginia\u27s case law regarding oil and gas. In this Part, the Authors will discuss and analyze major decisions issued by the West Virginia Supreme Court of Appeals ( Supreme Court of Appeals ), one important case litigated in the Circuit Court of Monongalia County, West Virginia, and the United States District Courts for the Northern and Southern Districts of West Virginia