Energy Law & Compliance Attorneys

Coal seams run beneath more than half of West Virginia’s 55 counties. The Marcellus Shale formation stretches from the Northern Panhandle south through the heart of the state, and the deeper Utica play is opening new production zones below it. Natural gas gathering lines and transmission pipelines crisscross the ridges and hollows between wellheads and processing plants. The Kanawha Valley’s industrial corridor (still home to chemical manufacturers, power generators, and processing facilities) draws its energy and its feedstock from these same resources.

Every well drilled, every ton of coal mined, every compressor station that comes online, and every pipeline segment that breaks ground triggers a cascade of federal and state permitting, reporting, and operational requirements. The agencies that enforce those requirements, the WVDEP’s Office of Oil and Gas, its Division of Mining and Reclamation, the Division of Air Quality, the Division of Water and Waste Management, and the U.S. EPA, have the authority to shut operations down, impose substantial penalties, and refer cases for criminal prosecution. 

At Pence Law Firm, PLLC, our energy and natural resources attorneys help operators across West Virginia stay ahead of these obligations and respond decisively when regulatory problems arise.

An Environmental Attorney Built for West Virginia’s Energy Sector

Marc C. Bryson leads our energy and natural resources environmental practice. Before joining Pence Law Firm, he spent nearly two decades at Steptoe & Johnson PLLC, where he led the firm’s environmental team and represented coal operators, oil and gas producers, chemical manufacturers, steel facilities, and water utilities across West Virginia and the surrounding region.

His background is unusual and very well-suited to this work. Marc holds a geology degree from The College of Wooster and a law degree with a Certificate of Advanced Study in Environmental Law from the University of Pittsburgh School of Law. That combination means he reads a hydrogeological report and a regulatory filing with the same fluency. Marc was designated as a West Virginia Rising Star by Super Lawyers from 2013 through 2022. He has also been recognized by U.S. News — Best Lawyers as a leading environmental attorney in Charleston, West Virginia.

Marc’s day-to-day work ranges from advising Marcellus operators on horizontal well permit applications to defending coal companies in NPDES enforcement actions, counseling midstream companies on air quality compliance, and negotiating with the WVDEP and EPA on behalf of clients facing regulatory scrutiny. He is admitted to practice before the Supreme Court of Appeals of West Virginia, in the Commonwealth of Pennsylvania, and has handled numerous environmental matters in other states.  

The Regulatory Reality for West Virginia Energy Operators

West Virginia energy companies operate under overlapping layers of federal and state regulation that touch every phase of a project—from the initial permit application through active operations to final reclamation or well plugging. The regulatory framework is spread across multiple agencies, multiple divisions within those agencies, and multiple chapters of both federal and state law.

That layered structure is what makes energy law in West Virginia so demanding. A single horizontal well pad in Doddridge or Ritchie County might require a well work permit from the WVDEP’s Office of Oil and Gas under the Natural Gas Horizontal Well Control Act (W. Va. Code § 22-6A), an NPDES stormwater permit from the Division of Water and Waste Management, an erosion and sediment control plan certified by a registered professional engineer, a water management plan if the operation will use more than 210,000 gallons in any 30-day period, and potentially an air quality permit for associated compression equipment. Miss one of those pieces, and the entire operation is at risk.

Coal operations face a parallel set of demands under the West Virginia Surface Mining and Reclamation Act, the federal Surface Mining Control and Reclamation Act (SMCRA), MSHA regulations, NPDES discharge permits for mine drainage, and Clean Air Act requirements for preparation plants and processing facilities. The Division of Mining and Reclamation oversees surface mining permits, reclamation plans, and bonding requirements, while the federal Office of Surface Mining Reclamation and Enforcement (OSMRE) maintains oversight authority over West Virginia’s delegated program under SMCRA to ensure the state program complies with at least the minimum protections set by federal law.

Our attorneys understand how these regulatory programs interact with each other. That matters, because the agencies themselves do not always coordinate, and an operator who satisfies one division’s requirements can still run into trouble with another.

Coal Operations: Permitting, Reclamation, and Regulatory Defense

West Virginia’s coal industry has been regulated, restructured, and reinvented more times than most people realize. What has not changed is the sheer density of rules that govern surface and underground operations, or the severity of the consequences when those rules are violated.

Surface mining permits issued by the WVDEP’s Division of Mining and Reclamation require detailed mining and reclamation plans, hydrologic assessments, bonding sufficient to cover the full cost of reclamation, and ongoing monitoring of water discharges from the mine site. Underground operations carry their own permitting requirements and must manage subsidence impacts, ventilation systems, and methane control, issues that sit at the intersection of environmental law and mine safety.

Selenium discharge limits have become a particularly contentious issue for coal operators in West Virginia. EPA water quality criteria for selenium, combined with state implementation through NPDES permits, have forced many operations to invest in expensive treatment systems or face enforcement action. Our attorneys advise coal operators on selenium compliance strategies, negotiate with the WVDEP on permit conditions, and, when enforcement actions are brought, mount vigorous defenses grounded in the technical realities of mine water chemistry.

Reclamation obligations do not end when mining stops. Bond release requires demonstrating that the land has been restored to approximate original contour, that vegetation has been re-established, and that water quality meets applicable standards. Disputes over bond release are common and can tie up significant financial resources for years. We represent operators in bond release proceedings before the Division of Mining and Reclamation and, where necessary, in appeals to the Surface Mine Board. 

As of March 6, 2018, certain Surface Mine Board decisions involving the approval, denial, or modification of a permit must be appealed directly to the West Virginia Supreme Court of Appeals within 30 days, unless all parties consent to proceeding in Kanawha County Circuit Court. All other Surface Mine Board decisions (such as enforcement actions) are appealed to the circuit court of Kanawha County or the county where the surface mining operation is located.

Where Mine Safety and Environmental Regulation Intersect

Pence Law Firm has long represented mining companies in safety and health matters before MSHA and in federal court. Adding a dedicated environmental practice means our clients now have access to coordinated counsel that covers both sides of the regulatory equation—safety and environmental—under one roof.

Mining operations do not exist in separate regulatory silos. A safety incident underground can become an environmental enforcement matter if it results in a discharge to surface waters. A mine rescue operation may require emergency water management decisions that implicate NPDES permit conditions. The Division of Mining and Reclamation, MSHA, the Office of Oil and Gas, and the Division of Water and Waste Management can all assert jurisdiction over different aspects of the same event.

That overlap is exactly why having safety counsel and environmental counsel in the same firm matters. When an incident triggers questions from multiple agencies, the ability to mount a unified response—rather than coordinating between separate law firms with separate priorities—makes a measurable difference in the outcome.

Oil and Gas: From the Wellhead to the Pipeline

Marcellus and Utica shale development has reshaped West Virginia’s energy economy over the past fifteen years. The regulatory infrastructure that governs this activity—centered on the WVDEP’s Office of Oil and Gas at 601 57th Street SE in Charleston, has expanded significantly in response, creating new obligations at every stage of the development process.

Well Permitting and Horizontal Drilling

The Natural Gas Horizontal Well Control Act, codified at W. Va. Code § 22-6A, established a dedicated permitting framework for horizontal wells. Under the statute, a “horizontal well” is defined as any well site (other than a coalbed methane well) drilled using a horizontal drilling method that disturbs three acres or more of surface (excluding pipelines, gathering lines, and roads) or utilizes more than 210,000 gallons of water in any 30-day period for the production of natural gas. Applications require erosion and sediment control plans, site construction plans, well site safety plans, and water management plans—all of which must be certified by licensed professionals and submitted to the Office of Oil and Gas for review.

Conventional (vertical) wells are permitted under the framework in W. Va. Code § 22-6, which carries its own set of requirements for well spacing, setbacks from buildings and water wells, plat submissions, and plugging and reclamation bonds. Operators running both conventional and horizontal programs must track two distinct sets of regulatory requirements simultaneously.

Our attorneys handle the full spectrum of oil and gas permitting work. We prepare and review permit applications, coordinate with Office of Oil and Gas staff on technical questions, respond to public comments, and resolve permitting disputes before they escalate into formal proceedings.

Produced Water, Wastewater, and Underground Injection

What comes back up the wellbore creates its own set of regulatory headaches. Produced water and flowback from hydraulic fracturing operations must be managed in compliance with WVDEP rules governing centralized pit construction, wastewater transport, and ultimate disposal. Underground injection wells used for produced water disposal require permits under the federal Underground Injection Control (UIC) program. 

West Virginia achieved UIC primacy in 1983, and the state’s Class II UIC program for oil and gas-related injection wells is administered by the WVDEP’s Office of Oil and Gas. The permitting process involves public notice, hydrogeological review, and mechanical integrity testing—and a single well can take months to permit.

Operators who discharge any wastewater to surface waters need NPDES permits, and the effluent limitations in those permits are growing tighter as the WVDEP and EPA focus increased attention on the water quality impacts of oil and gas development. We advise producers on wastewater management strategies that minimize regulatory risk and keep operations moving.

Air Quality and Emissions

Compressor stations, dehydration units, storage tanks, and pneumatic controllers at well sites and gathering facilities all emit volatile organic compounds (VOCs), methane, and hazardous air pollutants that trigger Clean Air Act obligations. Depending on the size and configuration of the operation, an operator may need a minor source permit, a synthetic minor permit (which caps emissions below major source thresholds in exchange for operational limits), or a full Title V operating permit from the WVDEP’s Division of Air Quality.

Leak detection and repair (LDAR) programs, emissions inventories, and semi-annual compliance certifications are now standard requirements for many midstream and upstream operations. We help clients design compliance systems that satisfy these requirements without creating unnecessary operational constraints.

Legacy Wells and Plugging Obligations

West Virginia has thousands of orphaned and abandoned wells scattered across the state—a legacy of more than 150 years of oil and gas production. Under West Virginia law, well plugging obligations can attach to the current operator, the last operator of record, or, in some cases, where the operator is unknown or insolvent, the state becomes responsible. Operators who acquire property or mineral interests tied to unplugged wells can inherit significant plugging and reclamation obligations. 

These obligations carry real financial exposure, and due diligence on legacy well liability is an essential part of any acquisition in West Virginia’s oil and gas sector. Our attorneys evaluate legacy well exposure for clients considering acquisitions and negotiate allocation of plugging liability in purchase and sale agreements.

Midstream Operations and Pipeline Development

The infrastructure that moves gas from the wellhead to market—gathering lines, processing plants, transmission pipelines, and compressor stations—raises a distinct set of regulatory issues that often cross jurisdictional lines.

Pipeline construction triggers stormwater permitting requirements, stream crossing authorizations under Section 401 of the Clean Water Act (which requires state water quality certification for federally permitted projects that may result in a discharge), U.S. Army Corps of Engineers Section 404 permits for impacts to wetlands and waters of the United States (which regulates the discharge of dredged or fill material), and, for interstate projects, Federal Energy Regulatory Commission (FERC) review. Even intrastate gathering lines require attention to erosion and sediment control, right-of-way restoration, and compliance with WVDEP construction stormwater general permits.

Compressor stations and processing facilities are major sources of air emissions and often require New Source Review permits or Title V operating permits. Noise and light impacts from these facilities have also drawn increasing regulatory and community attention, particularly in areas where gas infrastructure has expanded into previously rural communities in Harrison, Doddridge, Tyler, and Wetzel counties.

We counsel midstream clients on the full range of environmental and regulatory requirements that apply to their operations, from initial project planning and route selection through construction permitting, operational compliance, and facility decommissioning.

Talk to Our Charleston Energy & Natural Resources Attorneys

Whether you are permitting a new horizontal well in the Northern Panhandle, managing selenium compliance at a coal operation in Raleigh County, defending an NPDES enforcement action in the Kanawha Valley, or evaluating legacy well liability for an acquisition, Pence Law Firm has the environmental and regulatory knowledge to protect your interests.

Contact Pence Law Firm, PLLC online or call (304) 345-7250 to schedule a consultation.

Frequently Asked Questions About Energy & Natural Resources Law in West Virginia

Who regulates oil and gas drilling permits in West Virginia?

The WVDEP’s Office of Oil and Gas has sole and exclusive authority to regulate the permitting, location, spacing, drilling, fracturing, stimulation, well completion, operation, producing, and plugging and reclamation of oil and gas wells in West Virginia under W. Va. Code § 22-6A-6. Horizontal wells are governed by the Natural Gas Horizontal Well Control Act (W. Va. Code § 22-6A), while conventional wells fall under the framework in W. Va. Code § 22-6.

What environmental permits does a horizontal well pad require?

A typical horizontal well pad may require a well work permit under § 22-6A, a construction stormwater general permit, an erosion and sediment control plan, a site construction plan, a water management plan (if more than 210,000 gallons of water will be used in any 30-day period), and potentially an air quality permit for on-site compression equipment. The specific requirements depend on the acreage disturbed, water usage, and the presence of nearby sensitive resources like public water supplies or occupied structures.

What is the Surface Mine Board, and when would I need to appear before it?

The Surface Mine Board is a quasi-judicial body that hears appeals of permitting and enforcement decisions made by the WVDEP’s Division of Mining and Reclamation. If you disagree with a permit condition, a bond amount, a reclamation requirement, or a civil penalty assessment, you can appeal that decision to the Surface Mine Board. Our attorneys can guide operators through the hearing process and build a strong evidentiary record for the appeal.

Can I be held responsible for plugging wells I did not drill?

Yes. Under West Virginia law, well plugging obligations can attach to the current operator, the last operator of record, or in some cases the surface or mineral owner when the well becomes orphaned due to an unknown or insolvent operator. Acquiring property or mineral interests with unplugged wells on the title chain can create significant liability. A thorough review of well records at the Office of Oil and Gas is an essential step before any acquisition in West Virginia’s oil and gas sector.

How do selenium discharge limits affect coal operations in West Virginia?

Selenium is a naturally occurring element that is released when coal-bearing rock is exposed to water during mining. EPA water quality criteria for selenium are extremely low, and many coal operations in West Virginia struggle to meet the effluent limitations imposed through their NPDES permits. Treatment technology is expensive and not always reliable at the concentrations required. Our attorneys work with coal operators to negotiate achievable permit conditions and defend against enforcement actions when selenium exceedances occur.

What happens if my company operates without a required environmental permit?

Operating without a required permit—or outside the conditions of an existing permit—exposes your company to civil penalties, injunctive relief (including potential shutdown orders), and, in some cases, criminal prosecution. The WVDEP and EPA both have broad enforcement discretion, and unpermitted activity tends to draw more aggressive responses than violations of existing permit conditions. If you discover a permitting gap, contacting an attorney immediately to develop a voluntary disclosure and corrective action strategy is far preferable to waiting for an inspector to find the problem.