There are around 200 people who have filed nuisance lawsuits against two oil and gas companies here in West Virginia.  Judge Moats has ordered them back to mediation, telling the parties that fixing the problem is worth more than money.  The parties previously went to mediation.  Perhaps having the judge encourage the parties to settle will help mediation move along a bit.  We think Judge Moats’ words were well chosen.  They could be interpreted to hint that the judge is leaning either way.  Perhaps it’s better to say that neither party can say that the judge is leaning toward their own side.

In related news, we have heard through the grapevine that SB 508, which would have severely limited the ability of landowners to bring nuisance lawsuits against any company operating nearby, has been defeated.  It’s a little too soon to say for sure that’s the case, but the word out of Charleston is that the House Judiciary is unlikely to pass the bill out to the full House.