On August 22, the West Virginia Department of Environmental Protection (WVDEP) filed an emergency rule to increase oversight of horizontal drilling of natural gas wells.  The emergency rule adds additional permit and operational requirements focused on hydraulic fracturing, or "fracking."  If a permit applicant disturbs more than three acres of land, the applicant must submit an erosion and sediment control plan and a site construction plan.  If an operator will be using more than 210,000 gallons of water during a one-month period, the applicant must also include a water management plan with its permit application.  The water management plan must include information on the type of water source, the anticipated volume of each water withdrawal, the plan for its management and disposal, and a listing of all fracking additives.  Operational requirements include well casing requirements, notification requirements, and information gathering requirements for all water used in connection with fracking activities.  In addition, operators must issue public notice in a newspaper at least 30 days prior to drilling at a well pad for the first time.

This emergency rule follows Executive Order No. 4-11, issued by Governor Earl Ray Tomblin on July 12, which directed the WVDEP to issue rules on horizontal drilling.  This is merely considered a stop-gap measure by both the Governor and the WVDEP, who plan to work with the legislature toward a "comprehensive approach."  The rule will become effective upon approval by the Secretary of State and remain in effect for 15 months.

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Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.