Court Prevents County From Banning Fracking Wastewater

On Aug. 30, a federal appeals court upheld a lower court’s decision to block Fayette County, W.Va., from banning the disposal of fracking waste in the county.

Ruling that the disposal of wastes from drilling for natural gas was governed by the state’s Oil and Gas Act, two of the court’s three judges decided that the county did not have the authority to ban such disposal within its boundaries. The county sought to ban the material because of health risks associated with the carcinogens and heavy metals contained in the fracking wastewater.

According to the Charleston Gazette-Mail, the judges agree that the county could bring additional lawsuits for specific sites where negative effects “actually materialize.” — Elizabeth E. Payne