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West Virginia County Appeals Ruling Against Frack Waste Ban

Residual waste truck in Pennsylvania.
Iris Marie Bloom
Residual waste truck in Pennsylvania.

Fayette County commissioners are appealing a federal court ruling that rendered the West Virginia county's ban on fracking waste disposal invalid.

The Register-Herald in Beckley reports that Appalachian Mountain Advocates filed the notice of appeal on behalf of the commission with the 4th U.S. Circuit Court of Appeals this week.

In June, U.S. District Judge John Copenhaver in Charleston sided with Pennsylvania-based EQT Production against the county. EQT sued the commissioners to nullify the ban.

Copenhaver ruled that parts of the county ordinance that attempt to supersede state or federal permits and let resident sue violators are unenforceable.

EQT has one of two underground control injection wells in Fayette County.

Commission President Matt Wender has said the commission has increasing concerns over health and safety impacts from the wells.

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