“We are very accustomed to public comment opportunities being provided and public input being solicited when water and wastewater systems are concerned,” Ball told The State Journal on May 10. “It’s a natural part of our world and it is quite surprising to us that those opportunities do not exist in the permitting of oil and gas wells.”

Morgantown Mayor William Byrne said the lack of public notification put the city “behind the eight ball.” Huffman acknowledged that public notice is required for all other permits DEP issues and that it would be a good idea for oil and gas wells too, but said he doesn’t know if he has the authority.

“Your authority goes as far as nobody challenges it,” he said.

“But the Legislature has made a requirement that there be public notification of mining permits and water permits, but not on oil and gas permits,” he continued. “Just because I might think today that it’s the right thing to do, it’s not the public policy of the state to do that, so I think it’s better addressed by the Legislature.”