STATE of West Virginia ex rel. James E. LOVEJOY, Kevin G. Lovejoy, John D. Lovejoy, Ronald D. Lovejoy, Denese E. Lovejoy, Barbara Myers, Carolyn Brewster, Ronald Lovejoy, II, and Ronald G. Lovejoy, Petitioners,
v.
Michael O. CALLAGHAN, Secretary, West Virginia Department of Environmental Protection, the Oil and Gas Conservation Commission, and James Martin, Chief, Office of Oil & Gas, West Virginia Department of Environmental Protection, Respondents.
Columbia Natural Resources, Inc., Intervenor.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted September 17, 2002.
Decided October 31, 2002.
Concurring Opinion of Justice Albright November 1, 2002.
Dissenting Opinion of Justice McGraw January 6, 2003.
Attorney(s) appearing for the Case
John W. Barrett, Appalachian Center for the Economy and the Environment, Charleston, West Virginia and Joe Lovett, Mountain State Justice, Inc., Lewisburg, West Virginia, Attorneys for the Petitioners.
Perry D. McDaniel, Jennifer Akers, Charleston, West Virginia, Attorneys for the Respondents, Michael Callaghan, Secretary, James Martin, Chief, Office of Oil & Gas, and West Virginia Department of Environmental Protection.
Darrell V. McGraw, Jr., Attorney General, Barbara F. Elkins, Shirley Skaggs, Assistant Attorneys General, Charleston, West Virginia, Attorneys for the Respondent, Oil and Gas Conservation Commission.
Tara D. Shumate Lee, Charleston, West Virginia and Thomas R. Goodwin, Carrie Goodwin Fenwick, Goodwin & Goodwin, LLP, Charleston, West Virginia, Attorneys for the Intervenor, Columbia Natural Resources, Inc.
George A. Patterson, III, Bowles Rice McDavid Graff & Love, PLLC, Charleston, West Virginia, Attorney for Amicus Curiae, The Independent Oil and Gas Association of West Virginia.
Supreme Court of Appeals of West Virginia.
PER CURIAM:
Petitioners, who are individuals owning the surface rights in a tract of land situated in Lincoln County, West Virginia, seek a writ of mandamus to compel compliance by the governmental Respondents1 charged with enforcing certain statutes which pertain to oil and gas well drilling permits. Specifically, Petitioners seek the revocation of a well permit that has already been issued and, in fact, released. As part of their request...
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