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EQT PRODUCTION CO. v. WENDER

No. 16-1938.

870 F.3d 322 (2017)

EQT PRODUCTION COMPANY, Plaintiff-Appellee, v. Matthew D. WENDER, in his official capacity as President of the County Commission of Fayette County, West Virginia; Denise A. Scalph, in her official capacity as a Commissioner of the County Commission of Fayette County, West Virginia; John H. Lopez, in his official capacity as a Commissioner of the County Commission of Fayette County, West Virginia, Defendants-Appellants. The West Virginia Independent Oil and Gas Association, Inc.; The West Virginia Oil and Natural Gas Association, Inc., Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 30, 2017.

Attorney(s) appearing for the Case

ARGUED: Derek Owen Teaney , APPALACHIAN MOUNTAIN ADVOCATES, INC., Lewisburg, West Virginia, for Appellants. Timothy M. Miller , BABST, CALLAND, CLEMENTS & ZOMNIR, P.C., Charleston, West Virginia, for Appellee. ON BRIEF: Thomas A. Rist , HUMPHREY & RIST, LLP, Fayetteville, West Virginia, for Appellants. Christopher B. Power , BABST, CALLAND, CLEMENTS & ZOMNIR, P.C., Charleston, West Virginia, for Appellee. Roger G. Hanshaw , BOWLES RICE LLP, Charleston, West Virginia, for Amici Curiae.

Affirmed by published opinion. Judge Harris wrote the majority opinion, in which Judge Niemeyer joined. Judge Wynn wrote a dissenting opinion.

EQT Production Company operates multiple oil and natural gas wells in Fayette County, West Virginia. It also operates one injection well, used to dispose of wastewater generated by its extraction wells by "injecting" the fluid underground. Although EQT's injection well is regulated by the state and authorized by a state...

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