Dewey v. Chesapeake Appalachia, LLC, No. 5:11CV5, 2012 U.S. Dist. LEXIS 153509 (N.D. W. Va. Oct. 25, 2012)

(fracking company's summary judgment motion granted dismissing landowners' trespassing claim against company's pits containing drilling wastes buried on the landowners' property; company had oil and gas lease obtained from third party that was acquired through a deed severing the mineral rights from the land in 1950s; court held state permit allowed company to use pits in its operation and owners of subsurface rights have right to use land as necessary to conduct their operations, so there was no evidence of a trespass).