{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1609.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1609.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1609.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1609.html"}],"law_id":62118,"edition_id":1,"section_id":62118,"structure_id":15627,"section_number":"45.2-1609","catch_line":" Appeals; venue; standing","history":"1990, c. 92, \u00a7 45.1-361.9; 1997, c. 759; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nAny 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\n\nUnless 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\n\nThe 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.","order_by":null,"text":{"0":{"id":226638,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226639,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226640,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15627,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13430,"metadata":{},"date_created":"2026-06-26 03:57:04","date_modified":"2026-06-26 03:57:04","permalink":{"id":224677,"object_type":"structure","relational_id":15627,"identifier":"1","token":"45.2\/IV\/16\/1","url":"\/45.2\/IV\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13430,"edition_id":1,"name":"Virginia Gas and Oil Act","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13429,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224675,"object_type":"structure","relational_id":13430,"identifier":"16","token":"45.2\/IV\/16","url":"\/45.2\/IV\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13429,"edition_id":1,"name":"Gas and Oil","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224673,"object_type":"structure","relational_id":13429,"identifier":"IV","token":"45.2\/IV","url":"\/45.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71660,"structure_id":15627,"section_number":"45.2-1600","catch_line":" Definitions","url":"\/45.2-1600\/","token":"45.2\/IV\/16\/1\/45.2-1600","metadata":false},{"id":59679,"structure_id":15627,"section_number":"45.2-1601","catch_line":" Regulation of coal surface mining not affected by chapter","url":"\/45.2-1601\/","token":"45.2\/IV\/16\/1\/45.2-1601","metadata":false},{"id":65225,"structure_id":15627,"section_number":"45.2-1602","catch_line":" Construction; purposes","url":"\/45.2-1602\/","token":"45.2\/IV\/16\/1\/45.2-1602","metadata":false},{"id":75396,"structure_id":15627,"section_number":"45.2-1603","catch_line":" Virginia Gas and Oil Board; membership; compensation","url":"\/45.2-1603\/","token":"45.2\/IV\/16\/1\/45.2-1603","metadata":false},{"id":84693,"structure_id":15627,"section_number":"45.2-1604","catch_line":" Duties and responsibilities of the Director; Virginia Gas and Oil Inspector","url":"\/45.2-1604\/","token":"45.2\/IV\/16\/1\/45.2-1604","metadata":false},{"id":62897,"structure_id":15627,"section_number":"45.2-1605","catch_line":" Exclusivity of regulation and enforcement","url":"\/45.2-1605\/","token":"45.2\/IV\/16\/1\/45.2-1605","metadata":false},{"id":74768,"structure_id":15627,"section_number":"45.2-1606","catch_line":" Confidentiality","url":"\/45.2-1606\/","token":"45.2\/IV\/16\/1\/45.2-1606","metadata":false},{"id":86119,"structure_id":15627,"section_number":"45.2-1607","catch_line":" Expenditure of funds","url":"\/45.2-1607\/","token":"45.2\/IV\/16\/1\/45.2-1607","metadata":false},{"id":63148,"structure_id":15627,"section_number":"45.2-1608","catch_line":" Violations; penalties","url":"\/45.2-1608\/","token":"45.2\/IV\/16\/1\/45.2-1608","metadata":false},{"id":62118,"structure_id":15627,"section_number":"45.2-1609","catch_line":" Appeals; venue; standing","url":"\/45.2-1609\/","token":"45.2\/IV\/16\/1\/45.2-1609","metadata":false},{"id":84272,"structure_id":15627,"section_number":"45.2-1610","catch_line":" Copy of lease to lessor","url":"\/45.2-1610\/","token":"45.2\/IV\/16\/1\/45.2-1610","metadata":false},{"id":87450,"structure_id":15627,"section_number":"45.2-1611","catch_line":" Objections by coal owner","url":"\/45.2-1611\/","token":"45.2\/IV\/16\/1\/45.2-1611","metadata":false},{"id":73152,"structure_id":15627,"section_number":"45.2-1612","catch_line":" Distance limitations of certain wells","url":"\/45.2-1612\/","token":"45.2\/IV\/16\/1\/45.2-1612","metadata":false}],"previous_section":{"id":63148,"structure_id":15627,"section_number":"45.2-1608","catch_line":" Violations; penalties","url":"\/45.2-1608\/","token":"45.2\/IV\/16\/1\/45.2-1608","metadata":false},"next_section":{"id":84272,"structure_id":15627,"section_number":"45.2-1610","catch_line":" Copy of lease to lessor","url":"\/45.2-1610\/","token":"45.2\/IV\/16\/1\/45.2-1610","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1609\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 92 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1997, chapter 759<\/a>.<\/p>","references":false,"refers_to":[{"id":87450,"section_number":"45.2-1611","catch_line":" Objections by coal owner","order_by":null,"url":"\/45.2-1611\/"},{"id":73152,"section_number":"45.2-1612","catch_line":" Distance limitations of certain wells","order_by":null,"url":"\/45.2-1612\/"},{"id":66948,"section_number":"45.2-1618","catch_line":" Notice of hearing; standing; form of hearing","order_by":null,"url":"\/45.2-1618\/"},{"id":65415,"section_number":"45.2-1632","catch_line":" Notice of permit applications and permit modification applications required; content","order_by":null,"url":"\/45.2-1632\/"},{"id":76183,"section_number":"45.2-1637","catch_line":" Objections to permits; hearing","order_by":null,"url":"\/45.2-1637\/"}],"permalink":{"id":224715,"object_type":"law","relational_id":62118,"identifier":"45.2-1609","token":"45.2\/IV\/16\/1\/45.2-1609","url":"\/45.2-1609\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1609\/","token":"45.2\/IV\/16\/1\/45.2-1609","dublin_core":{"Title":" Appeals; venue; standing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1609","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any order<\/span> or decision of the Board<\/span> may be appealed to the appropriate circuit<\/span> court<\/span>. Whenever a coal owner<\/span>, coal operator<\/span>, gas<\/span> owner, gas<\/span> operator, or operator of a gas<\/span> storage field certificated by the State Corporation Commission is a party<\/span> in such action, the court<\/span> shall hear such appeal<\/span> de novo<\/span>. The court<\/span> has the power to enter interlocutory orders<\/span> as necessary to protect the rights of all interested parties pending a final decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless the parties otherwise agree, the venue<\/span> for court<\/span> review shall be the county or city where the gas<\/span>, oil<\/span>, or geophysical operation<\/span> that is the subject of such order<\/span> or decision is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Director<\/span> and all parties required to be given notice of hearings<\/span> of the Board<\/span> pursuant to the provisions of § 45.2-1618<\/a> shall have standing to appeal<\/span> any order<\/span> or decision of the Board<\/span> that directly affects them. The permittee<\/span> or permit applicant, the Director<\/span>, and those parties with standing to object<\/span> pursuant to the provisions of § 45.2-1632<\/a> shall have standing to appeal<\/span> any order<\/span> or decision of the Board<\/span> that directly affects them. However, except for an aggrieved permit applicant or the Director<\/span>, no person shall have standing to appeal<\/span> a decision of the Board<\/span> concerning a permit application unless such person has previously filed an objection with the Director<\/span> pursuant to the provisions of § 45.2-1637<\/a>. The filing of any petition<\/span> for appeal<\/span> concerning the issuance of a new permit that was objected to pursuant to the provisions of § 45.2-1611<\/a> or 45.2-1612<\/a> or by a gas<\/span> storage field operator who asserts that the proposed well<\/span> work will adversely affect the operation of a gas<\/span> storage field certificated by the State Corporation Commission shall automatically stay the permit until such stay is dissolved or the appeal<\/span> is decided by the circuit<\/span> court<\/span>. However, in an appeal<\/span> by a gas<\/span> storage field operator, such automatic stay<\/span> shall not apply to an oil<\/span>, gas<\/span>, or coalbed methane well<\/span> completed more than 100 feet above the cap rock above the storage stratum. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n APPEALS; VENUE; STANDING (\u00a7 45.2-1609)\n\nA. Any order or decision of the Board may be appealed to the appropriate circuit\ncourt. Whenever a coal owner, coal operator, gas owner, gas operator, or\noperator of a gas storage field certificated by the State Corporation Commission\nis a party in such action, the court shall hear such appeal de novo. The court\nhas the power to enter interlocutory orders as necessary to protect the rights\nof all interested parties pending a final decision.\n\nB. Unless the parties otherwise agree, the venue for court review shall be the\ncounty or city where the gas, oil, or geophysical operation that is the subject\nof such order or decision is located.\n\nC. The Director and all parties required to be given notice of hearings of the\nBoard pursuant to the provisions of § 45.2-1618 shall have standing to\nappeal any order or decision of the Board that directly affects them. The\npermittee or permit applicant, the Director, and those parties with standing to\nobject pursuant to the provisions of § 45.2-1632 shall have standing to\nappeal any order or decision of the Board that directly affects them. However,\nexcept for an aggrieved permit applicant or the Director, no person shall have\nstanding to appeal a decision of the Board concerning a permit application\nunless such person has previously filed an objection with the Director pursuant\nto the provisions of § 45.2-1637. The filing of any petition for appeal\nconcerning the issuance of a new permit that was objected to pursuant to the\nprovisions of § 45.2-1611 or 45.2-1612 or by a gas storage field operator\nwho asserts that the proposed well work will adversely affect the operation of a\ngas storage field certificated by the State Corporation Commission shall\nautomatically stay the permit until such stay is dissolved or the appeal is\ndecided by the circuit court. However, in an appeal by a gas storage field\noperator, such automatic stay shall not apply to an oil, gas, or coalbed methane\nwell completed more than 100 feet above the cap rock above the storage stratum.\n\nHISTORY: 1990, c. 92, \u00a7 45.1-361.9; 1997, c. 759; 2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}