A. Any order or decision of the Board may be appealed to the appropriate circuit court. Whenever a coal owner, coal operator, gas owner, gas operator, or operator of a gas storage field certificated by the State Corporation Commission is a party in such action, the court shall hear such appeal de novo. The court has the power to enter interlocutory orders as necessary to protect the rights of all interested parties pending a final decision.
B. Unless the parties otherwise agree, the venue for court review shall be the county or city where the gas, oil, or geophysical operation that is the subject of such order or decision is located.
C. The Director and all parties required to be given notice of hearings of the Board pursuant to the provisions of § 45.2-1618 shall have standing to appeal any order or decision of the Board that directly affects them. The permittee or permit applicant, the Director, and those parties with standing to object pursuant to the provisions of § 45.2-1632 shall have standing to appeal any order or decision of the Board that directly affects them. However, except for an aggrieved permit applicant or the Director, no person shall have standing to appeal a decision of the Board concerning a permit application unless such person has previously filed an objection with the Director pursuant to the provisions of § 45.2-1637. The filing of any petition for appeal concerning the issuance of a new permit that was objected to pursuant to the provisions of § 45.2-1611 or 45.2-1612 or by a gas storage field operator who asserts that the proposed well work will adversely affect the operation of a gas storage field certificated by the State Corporation Commission shall automatically stay the permit until such stay is dissolved or the appeal is decided by the circuit court. However, in an appeal by a gas storage field operator, such automatic stay shall not apply to an oil, gas, or coalbed methane well completed more than 100 feet above the cap rock above the storage stratum.
1990, c. 92, § 45.1-361.9; 1997, c. 759; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 16 - Virginia Gas and Oil Act
§ 45.2-1601. Regulation of coal surface mining not affected by chapter
§ 45.2-1602. Construction; purposes
§ 45.2-1603. Virginia Gas and Oil Board; membership; compensation
§ 45.2-1604. Duties and responsibilities of the Director; Virginia Gas and Oil Inspector
§ 45.2-1605. Exclusivity of regulation and enforcement
§ 45.2-1607. Expenditure of funds
§ 45.2-1608. Violations; penalties
§ 45.2-1609. Appeals; venue; standing
§ 45.2-1610. Copy of lease to lessor
§ 45.2-1611. Objections by coal owner
§ 45.2-1612. Distance limitations of certain wells
§ 45.2-1613. Meetings of the Board; notice; general powers and duties
§ 45.2-1614. Additional duties and responsibilities of the Board
§ 45.2-1615. Applicability and construction
§ 45.2-1616. Statewide spacing of wells
§ 45.2-1617. Voluntary pooling of interests in drilling units; validity of unit agreements
§ 45.2-1618. Notice of hearing; standing; form of hearing
§ 45.2-1619. Field rules and drilling units for wells; hearings and orders
§ 45.2-1620. Pooling of interests in drilling units
§ 45.2-1621. Coalbed methane gas; ownership
§ 45.2-1622. Pooling of interests for coalbed methane gas wells; conflicting claims to ownership
§ 45.2-1623. Conflicting claims of ownership; arbitration
§ 45.2-1625. Appeals of the Director's decisions; notices; hearings and orders
§ 45.2-1627. Standing when Director or Board fails to act
§ 45.2-1628. Recording of orders
§ 45.2-1629. Duties, responsibilities, and authority of the Director
§ 45.2-1630. Powers, duties, and responsibilities of the Inspector
§ 45.2-1632. Notice of permit applications and permit modification applications required; content
§ 45.2-1633. Bonding and financial security required
§ 45.2-1634. Gas and Oil Plugging and Restoration Fund
§ 45.2-1635. Expiration of permits
§ 45.2-1636. Abandonment or cessation of well or corehole operation; plugging required
§ 45.2-1637. Objections to permits; hearing
§ 45.2-1638. Appeals of Director's decisions to the Board
§ 45.2-1639. Persons required to register; designated agents
§ 45.2-1640. Report of permitted activities and production required; contents
§ 45.2-1641. Developing a gas or oil well as a water well
§ 45.2-1642. Orphaned Well Fund; orphaned wells
§ 45.2-1643. Interference by injection wells with groundwater supply
§ 45.2-1644. Safety in coalbed methane gas, oil, and geophysical operations
§ 45.2-1645. Chesapeake Bay; drilling for gas or oil prohibited
§ 45.2-1646. Tidewater Virginia; drilling for gas or oil prohibited in certain areas
§ 45.2-1647. Hydraulic fracturing; groundwater management area