Parker Waichman LLP

Morgantown Loses in Bid to Ban Fracking

Fracking Ban Gets Noticed. An energy company has prevailed in its quest to kill Morgantown, West Virginia’s fracking ban. Last Friday, Monongalia County Circuit Judge Susan Tucker ruled that a ban on hydraulic fracturing within a mile of Morgantown city limits was preempted by state law. As we reported previously, the Morgantown Fracking ban was enacted […]

Morgantown Loses in Fracking Ban

Fracking Ban Gets Noticed. An energy company has prevailed in its quest to kill Morgantown, West Virginia’s fracking ban. Last Friday, Monongalia County Circuit Judge Susan Tucker ruled that a ban on hydraulic fracturing within a mile of Morgantown city limits was preempted by state law.

As we reported previously, the Morgantown Fracking ban was enacted earlier this spring, when it was learned Northeast Natural Energy had begun operating wells just upriver from the area’s drinking water intake on the Monongahela River. Northeast Natural Energy originally sought a temporary injunction to prevent the ordinance from taking effect. However, that was denied.

Northeast Natural Energy then filed suit, claiming, among other things, that Morgantown City Council overstepped it’s authority in passing the fracking ban, and violated the rights of private property owners.

Morgan Town Loses Lawsuit

On Friday, Judge Tucker agreed with Northeast Natural Energy, ruling that the ordinance was preempted.

“Governmental entities are required to supplement and complement the efforts of the state by coordinating their programs with those of the state,” she wrote. Where there’s a conflict, the state Supreme Court has ruled, “The municipal ordinance must yield.”

Morgantown officials have not said if they will appeal, though Judge Tucker’s order is being reviewed.

“If we did appeal it, I’m not sure exactly how that would end up,” Mayor Jim Manilla told WV Metro News. Manilla pointed out that if the appeal is not successful, Morgantown could end up having to pay millions of dollars to Northeast.

Need Legal Help Regarding Fracking Ban

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968- 7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness helped my dad win his case was very professional and everything went very smooth and easy.... special shout out to tina morace.
Adam Marcus
2 years ago
5 Star Reviews 150
They contacted me right back, and sent paperwork for me to sign as soon as we spoke!!
spidermanvshulk2004
6 years ago
5 Star Reviews 150
I want copy for court cases for vaccines injuries . My little girl have signs of GBS
Wael Jaber
a year ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038