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WV Judge Upholds Morgantown Fracking Ban

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Monongalia County, WV, Circuit Court Judge Russell Clawges has denied Northeast Natural Energy’s motion for a temporary restraining order against Morgantown’s ban on natural gas fracking.

According to the MetroNews, Northeast President Mike John wrote a statement after the ruling that said:

“While we had hoped to avoid legal action, it has become apparent that the judicial system is the only recourse to protect our rights and investment in our wells in the Morgantown Industrial Park. We are seeking a declaration that the Morgantown Ordinance is preempted by State law, violates our company’s constitutional rights, and is otherwise invalid due to procedural defects…While we understand and appreciate the Court’s ruling on this initial request for a Temporary Restraining Order, we remain confident that the ultimate question of the validity of this proposed ordinance will be answered in our favor…We are encouraged that the City admitted in today’s hearing that we are not currently in violation of its proposed Ordinance, and we appreciate the opportunity to clarify the confusing nature of how the City intends to apply this proposed Ordinance…We are also encouraged that the Court recognized that the City of Morgantown has changed the rules after we have invested more than $7 million in this project and we will seek full compensation for Morgantown’s attempt to unlawfully take our property rights.”

Morgantown City Council passed the ordinance because of concerns that Northeast’s operations are too close to city limits, and that a fracking spill could contaminate Morgantown’s water supply, as the intake is located just downstream from the drilling site. disclaimer: This article: WV Judge Upholds Morgantown Fracking Ban was posted on Wednesday, July 20th, 2011 at 6:58 pm at and is filed under Toxic Substances Lawsuits.

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