No Trespass in Chesapeake’s Disposal of Drill Cuttings on Leased W.Va. Tract

WHEELING, W.Va. — Landowners pursuing damages for Chesapeake Appalachia’s on-site disposal of drilling cuttings cannot maintain a claim for trespass under West Virginia law, a federal judge has ruled. Whiteman v. Chesapeake Appalachia LLC, No. 5:11cv31 (N.D. W.Va.).

Judge Frederick P. Stamp Jr. of the U.S. District Court for the Northern District of West Virginia granted Chesapeake’s motion for summary judgment on the trespass cause of action June 7, but rejected the company’s argument that a release signed by plaintiffs covered any more than damages arising from construction of an access road and well pad.

Martin and Lisa Whiteman are …