CLARKSBURG — DD Oil Company is suing the West Virginia Department of Environmental Protection alleging it violated its due process rights.
Harold Ward, James Martin, Henry Harmon, Jeremy James, Doug Newlon, Jonathan S. Rodeheaver, Derek Haught and John Does 1 through 4 were also named as defendants in the suit.
DD claims the defendants violated its federally protected due process rights and brazenly interfered with its business contracts and relationships, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
The defendants unlawfully prevented DD Oil from completing necessary well work for the extraction of natural gas at multiple well sites in Ritchie County by way of unlawfully usurping DD Oil’s due process rights by unilaterally declaring its lawfully issued permits invalid, issuing frivolous permit violations and orders, and threatening criminal prosecution and exorbitant monetary fines for noncompliance with their demands.
"Moreover, some or all of the Defendants tortiously interfered with DD Oil’s pre-existing well service contracts," the complaint states. "The Defendants’ misconduct described herein has resulted in tremendous economic damages currently estimated to be in the millions of dollars."
The defendants are not immune from liability because their acts and/or omissions were with malicious purpose, in bad faith, and/or in a wanton or reckless manner, according to the suit.
"The Defendants...have deprived DD Oil of its constitutional rights by instigating a legal process to the significant financial detriment of DD Oil," the complaint states. "The Defendants subverted the legal process and proceedings in an attempt to accomplish their animus plan to obtain permit fees and fines from DD Oil via the unnecessary permit violations and other citations issued which required a monetary solution, a purpose for which the legal process was not designed to be used."
DD is seeking compensatory damages with pre- and post-judgment interest. It is being represented by Ryan J. Umina, Beth L. Lebow and Seth F. Huy of Umina Legal in Morgantown.
The case is assigned to District Judge Tom Kleeh.
U.S. District Court for the Northern District of West Virginia case number: 1:22-cv-00091