EQT Production Co. v. Wender, No. 16-1938 (4th Cir. 2017)Annotate this Case
Although EQT's injection well was regulated by the state and authorized by a state-issued permit, the County sought to bar its operation by passing an ordinance that prohibited the disposal of wastewater anywhere within the County. The Fourth Circuit affirmed the district court's grant of summary judgment to EQT. The court held that the West Virginia legislature, in enacting its complex regulatory program for injection wells, did not leave counties with the authority to nullify permits issued by the state, and thus this central aspect of the ordinance was preempted by state law. The court also held that related aspects of the ordinance were preempted as well.