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MARTIN v. HAMBLET

No. 11-1157.

737 S.E.2d 80 (2012)

James MARTIN, in his Official Capacity as Director, Office of Oil and Gas, West Virginia Department of Environmental Protection; Office of Oil and Gas, West Virginia Department of Environmental Protection; and EQT Production Company, Petitioners v. Matthew L. HAMBLET, Respondent. West Virginia Surface Owners' Rights Organization, Intervenor.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2012.

Attorney(s) appearing for the Case

Joseph L. Jenkins, Esq. , Senior Counsel, Paul R. Pichardo, Esq. , Associate Counsel, Office of Legal Services, West Virginia Department of Environmental Protection, Charleston, WV, for James Martin and Office of Oil and Gas, West Virginia Department of Environmental Protection.

Richard L. Gottlieb, Esq. , Valerie H. Raupp, Esq. , Lewis Glasser Casey & Rollins, PLLC, Charleston, WV, for EQT Production Company.

Cynthia J.T. Loomis, Esq. , West Union, WV, and Isak J. Howell, Esq. , Lewisburg, WV, for Matthew L. Hamblet.

David McMahon, Esq. , Charleston, WV, for Intervenor, West Virginia Surface Owners' Rights Organization.

Thomas J. Hurney, Jr., Esq. , Kenneth E. Tawney, Esq. , Jackson Kelly PLLC, Charleston, WV, for Amicus Curiae, West Virginia Oil and Natural Gas Association.

George A. Patterson, III, Esq. , H. Hampton Rose, IV, Esq. , Bowles Rice McDavid Graff & Love, LLP, Charleston, WV, for Amicus Curiae, Independent Oil and Gas Association of West Virginia.

WORKMAN, Justice:

The Circuit Court of Doddridge County, West Virginia, has certified the following question to this Court:

Does the West Virginia Supreme Court of Appeal's [sic] opinion in State ex rel. Lovejoy v. Callaghan, 576 S.E.2d 246, 213 W.Va. 1 (2002) interpret the relevant statutes, when read in para materia, to permit a surface owner to seek judicial review of the...

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