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SONDA v. W. VIRGINIA OIL & GAS CONSERVATION COMM'N

No. 22-2271.

92 F.4th 213 (2024)

Scott SONDA; Brian Corwin, Plaintiffs-Appellees, v. The WEST VIRGINIA OIL AND GAS CONSERVATION COMMISSION; Randall M. Albert, in his official capacity; Harold Ward, in his official capacity; Michael McCown, in his official capacity; Robert S. Radabaugh, in his official capacity; James A. Martin, in his official capacity, Defendants-Appellants, and Patrick Morrisey, in his capacity as Attorney General of the State of West Virginia, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 31, 2024.

Attorney(s) appearing for the Case

ARGUED: Jonathan Zak Ritchie , HISSAM FORMAN DONOVAN RITCHIE PLLC, Charleston, West Virginia, for Appellants. James Anthony Edmond Jr. , EDMOND & BAUM, PLLC, Wheeling, West Virginia, for Appellees. ON BRIEF: Andrew C. Robey , HISSAM FORMAN DONOVAN RITCHIE, PLLC, Charleston, West Virginia, for Appellants. Michael B. Baum , EDMOND & BAUM, PLLC, Wheeling, West Virginia, for Appellees.

Reversed and remanded with instructions by published opinion. Judge Niemeyer wrote the opinion, in which Chief Judge Diaz and Judge Alston joined.

Scott Sonda and Brian Corwin, who own mineral interests underlying multiple parcels of land in West Virginia, commenced this action against the West Virginia Oil and Gas Conservation Commission (the "Commission"), challenging West Virginia Senate Bill 694, which became effective June 7, 2022. The Bill amended the State's...

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