West Virginia continues to be a leader in energy production and renewable energy development. Recently, the West Virginia Public Broadcasting Commission reported that renewable energy is on the rise in West Virginia including wind power, solar power, and thermal power in its May 21, 2026, article. In particular, thermal energy is projected to grow the landscape of West Virginia power production. The first geothermal well was drilled in 2023 in the Morgantown Industrial Park to study geothermal energy possibilities in West Virginia. New technologies and methods to extract thermal energy make West Virginia ripe for geothermal production. As this new West Virginia energy source emerges, the legislature has enacted laws to assist in its development by adopting the Geothermal Resources Act (the “Act”). The Legislature provided guidelines for development, including declaring in the Act that thermal energy belongs to the surface owner overlying the property unless there is a clear severance of the thermal energy in a conveyance document for property. The Act also obligates the West Virginia Secretary of the Department of Environmental Protection to propose regulations to encourage thermal development. As this great State taps into yet another method of extracting natural resources to produce energy, Jackson Kelly can navigate developers and lenders through the applicable regulations and laws for thermal development in West Virginia.
