September 4, 2013 4th Circuit published opinion

Whiteman v Chesapeake Appalachia, LLC

Chesapeake drilled for natural gas under Whiteman’s land. Whitman sued for trespass and the district court granted summary judgment to Chesapeake. The panel affirmed. Applying West Virginia law, the panel held that surface disposal of mud and other debris was reasonably necessary for Chesapeake to drill for natural gas and there was no substantial burden on Whiteman’s surface rights as the undisputed evidence was the value of the land was either not impacted or impacted in a very minor way. The panel also held that West Virginia uses a case by case factual analysis to determine reasonable necessity and Chesapeake’s use of alternative disposal systems in Texas and Oklahoma therefore does not require a different outcome given the facts of this case particularly the lack of substantial injury to Whiteman’s rights.

This entry was posted in Uncategorized and tagged , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s