The Virginia Gas and Oil Act of 1990: A Regulatory Perspective

Abstract

The Virginia Gas and Oil Act states that its provisions are to be [open quotes]...liberally construed to effectuate...[close quotes] certain specific purposes. The focus of these purposes is promoting and encouraging exploration and development, conserving gas and oil resources, using environmentally sound exploration and exploitation practices, coordinating coal mining and hydrocarbon exploration, and showing concern for the rights of mineral and surface owners. The act through and along with the Gas and Oil Regulation promulgated under the act and adopted August 1, 1991, addresses these objectives in many ways. Some examples are requirements that permit applications, including drilling water analyses, fluid and solid disposal plans, and site-specific operations plans detailing erosion and sediment control measures; provisions requiring notification of all affected mineral and surface owners prior to permit issuance; simultaneous permitting of boreholes to be alternately used as coal-bed methane producers or deep-mine ventilation holes, depending on the proximity of mining activity. A perspective of the 2 yr since the adoption of the regulation allows consideration of how well the purposes of the act are being met, and how it has affected the industry it regulates.