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Friday, May 3, 2024

Oil company alleges West Virginia DEP illegally prevented work at its well sites

Lawsuits

CLARKSBURG, W.Va. (Legal Newsline) — A West Virginia oil company alleges the state's Department of Environmental Protection illegally prevented its extraction of natural gas at several of its well sites. 

DD Oil Company filed a complaint  Sept. 13 in the U.S. District Court for the Northern District of West Virginia against the West Virginia Department of Environmental Protection, Cabinet Secretary Harold D. Ward and others alleging violation of the Fourteenth Amendment, tortious interference with a business relationship and other claims. 

DD Oil alleges in its complaint that the defendants violated its due process rights by interfering with its business contracts and relationships. Specifically, DD Oil claims the defendants illegally prevented it from completing well work to extract natural gas at multiple sites in Ritchie County by alleging its legal permits were invalid. 

DD Oil further claims the defendants used "frivolous" permit violations and orders and threatened criminal prosecution as well as charged it "exorbitant" monetary fines of up to $25,000 per day.  

It also alleges the defendants interfered with its pre-existing well service contracts which resulted in economic damages of millions of dollars. DD Oil claims that the defendants did not provide proper notice or an opportunity for a hearing in order to contest the revocation of its permits in violation of its due process rights. 

DD Oil seeks monetary relief, interest, trial by jury and all other just relief. It is represented by Beth Lebow, Ryan Umina and Seth Huy of Umina Legal PLLC in Morgantown, West Virginia. 

U.S. District Court for the Northern District of West Virginia case number 1:22-CV-00091-TSK

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