ELR Citation: 41 ELR 20269
No(s). 11-C-411 (W. Va. Cir. Ct. Aug 12, 2011)

A West Virginia court overturned a city's ordinance banning the hydraulic fracturing of Marcellus shale. The city, characterizing the hydraulic fracturing process as a nuisance, argued that it has the authority to enact and enforce the ordinance pursuant to the rights given to the city by the "Home ...