Business, Government Legal News from throughout WVLawmakers unlikely to revisit Marcellus shale in 2012

Industry and lawmakers attending the Associated Press Legislative Lookahead agreed on at least one thing about Marcellus shale legislation in 2012 – it's probably not coming up.

Following more than two years of work and countless hours discussing Marcellus shale legislation in West Virginia, officials and industry representatives say Legislature is likely too Marcellus-weary to continue. This is despite the notable absence of resolution on major issues such as forced pooling.

Del. Tim Manchin, the House leader of the interim joint committee on Marcellus shale, said there was not likely any political will to address the problem, despite the governor's office making substantial changes, including deletions, from the interim committee's bill.

"We've got a number of bills. I'm just not sure if leadership or the committees have a desire to take them all up," Manchin said. "My sense is that they've been dealt with in some fashion and we may just have to wait a year until we get some stuff back."

Manchin had issues with several items of the passed legislation. Missing elements, Manchin said, included providing landowners a rebuttable presumption of water source contamination due to drilling, more stringent labor reporting requirements and consideration of effects of drilling due to population density and other special conditions.

"I think we're not in much of a position to adopt something until we get something back from (the EPA) and DEP," Manchin said. "I really think now is the time for us to start looking a little harder at the forced pooling issue."

Corky DeMarco, executive director of the West Virginia Oil and Natural Gas Association, was also skeptical of any political will to enact additional Marcellus shale legislation.

"This has been a long, hard struggle. People are a little worn out with Marcellus and think they have done what needs to be done," DeMarco said. "That's something we don't necessarily agree with, but whether they have an appetite to do anything more or not, we don't know."

DeMarco said his organization is working on forced pooling legislation, but whether it is introduced will depend on "some looking for friends type thing."

"They're tired. They're wore out," DeMarco said.

Del. Tim Armstead, R-Kanawha and Republican minority leader, and Sen. Roman Prezioso, D-Marion, also attended the event, and both said they were not expecting major legislation involving the Marcellus shale in 2012.

"I think a number of the issues that are most contentious are ones that are addressed in this bill," Armstead said.

Armstead there may be some "fine tuning" done to the bill.

"I think there's a sufficient amount of rule-making and review with the agencies to come through and promulgate certain rules that gives them the flexibility to tweak. I think there's a vehicle within the current legislation that would allow the agencies, DEP and those folks to come in and promulgate the rules."

Prezioso said he believes the Legislature did a good job, and he commended the governor for taking leadership on passing the bill.

Recent reports tying hydraulic fracturing to water contamination in Wyoming and seismic activity in Ohio, Manchin said, were not of particular concern.

"It's not changing my mind at the moment," Manchin said. He said he would like for more information and study on the issue.

DeMarco was also dismissive of such studies, which have gained significant media traction.

"This whole thing is and education process," DeMarco said. "The links are being tried to be made because it's a new industry and we're doing stuff underground. It's less known by the majority of people what's actually going on. People are looking for reasons, and we appear to be the reason."