The gas industry continues its attempts to attack and control West Virginia. After losing a West Virginia Supreme Court case a few years ago, EQT successfully petitioned to have the case re-heard, and, with new business-friendly court members, succeeded in getting a decision which previously protected and benefitted West Virginia land owners overturned.
In a seemingly rare event, republican controlled West Virginia legislature actually passed a new law which reversed the West Virginia Supreme Court’s change of heart and again provided protection to West Virginians who held old flat rate royalty leases. The law made it clear that companies like EQT could not deduct post-production costs from leases which had been modified from the old flat rate lease to a 12.5% royalty lease under West Virginia law.
EQT retaliated by suing the state of West Virginia and claiming the law to be unconstitutional. West Virginia has sought to dismiss the suit and EQT claims the law involved provides no broad societal interest and, instead, is an improper attack on private contracts.
One thing is certain, EQT is doing all it can in the election, lobbying and now federal court system to impose its will on West Virginia citizens.
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