SUMMERS COUNTY, WV (LOOTPRESS) – The Intermediate Court of Appeals of West Virginia has partially sided with Mountain Valley Pipeline, LLC in its legal battle against four protesters who blocked construction of the natural gas pipeline in Summers County.
In a decision released Thursday, Judge Greear wrote that the lower court was wrong to dismiss the company’s claims of trespass, tortious interference, and injunctive relief, allowing those parts of the lawsuit to move forward. However, the appeals court upheld the dismissal of Mountain Valley’s claims of civil conspiracy, violations of the state’s Critical Infrastructure Protection Act, and a stand-alone claim for punitive damages.
The case stems from a September 2023 protest when several opponents entered pipeline property without permission. According to court records, protesters sat in rocking chairs across an access road and one demonstrator attached herself to drilling equipment, halting work until state police intervened and made arrests.
Mountain Valley Pipeline sued the protesters, arguing their actions caused financial harm and construction delays. The Circuit Court of Summers County dismissed the case last year, finding the company lacked a legal basis for its claims.
The appeals court disagreed in part, ruling that the pipeline company had adequately alleged that the protest interfered with its lawful right to use the property and caused quantifiable harm. The judges said those claims should be heard by a jury.
At the same time, the panel agreed with the lower court that the company failed to show property damage necessary to pursue a claim under the West Virginia Critical Infrastructure Protection Act, a statute that allows civil penalties for damage to infrastructure sites.
The court emphasized that while punitive damages cannot stand as a separate claim, they may still be available if Mountain Valley prevails on its remaining tort claims.
The case now returns to the Summers County Circuit Court for further proceedings on the surviving claims.
