Company sues Morgantown over drilling ban

From West Virginia Public Broadcasting:

June 27, 2011 · Morgantown's new ban on Marcellus shale gas drilling within a mile of its borders is facing a court challenge. The ordinance applies only to unconventional horizontal gas wells and a practice known as hydraulic fracturing, or fracking.

Northeast Natural Energy sued the city last week in Monongalia County Circuit Court.

 It was joined in the lawsuit by Enrout Properties LLC, which owns the surface and mineral rights to a site outside the city where Northeast Natural Energy is sinking wells.

 Morgantown City Council adopted the ordinance after taking four hours of testimony at its meeting last Tuesday.

 The lawsuit claims the city overreached its authority and unlawfully took property rights.

 Morgantown Mayor Bill Byrne says the state should regulate Marcellus shale drilling.

 He says the city acted because the Legislature has failed to adopt any regulation.