LOGAN, W.Va. -- A Texas-based oil and gas company should be allowed permits for five gas wells in Chief Logan State Park, a circuit court judge said in a ruling that halted a state effort to block the drilling.

The state Department of Environmental Protection has four months to appeal the ruling by Logan Circuit Court Judge Roger Perry. Ray Franks, the agency's general counsel, said Monday a final decision on whether to file a petition for appeal hasn't been made yet.

Perry ruled that the DEP lacked the authority to deny permits for the gas wells to Houston-based Cabot Oil & Gas Corp. because the 1965 statute cited by the agency in its denial refers to the state Division of Natural Resources, not the DEP.

"We are pleased with and appreciate the ruling by Judge Perry and believe that it is the correct ruling," said attorney Tim Miller with Robinson & McElwee, a Charleston-based law firm that represents the company.

The DEP believes it's required to enforce the law in a manner consistent with other state agencies, Franks said, explaining the agency's citation of the statute.

Perry also noted that officials have allowed drilling in other state parks, including permits issued after the 1965 ban on the practice. Cabot currently operates three wells in Chief Logan State Park and has another three in an adjoining wildlife management area.

That doesn't invalidate the state law, Franks said.

"If 19 cars pass a state trooper on the Interstate doing 95 miles an hour, and he doesn't pull them over but he pulls me over doing 75 miles an hour, I can't use that as a defense," Franks said.

In its argument before the court, Cabot cited the deed that conveyed much of the land used to create the park. The deed kept the gas rights with the owners, who have leased them to Cabot.

Perry agreed, and ruled that denial of the permits would be essentially a case of the state taking the property rights of the owners, referred to in the ruling as the Lawson heirs.

Miller said Cabot intends to meet with the state agencies and wants to move forward with the drilling.

LOGAN, W.Va. -- A Texas-based oil and gas company should be allowed permits for five gas wells in Chief Logan State Park, a circuit court judge said in a ruling that halted a state effort to block the drilling.

The state Department of Environmental Protection has four months to appeal the ruling by Logan Circuit Court Judge Roger Perry. Ray Franks, the agency's general counsel, said Monday a final decision on whether to file a petition for appeal hasn't been made yet.

Perry ruled that the DEP lacked the authority to deny permits for the gas wells to Houston-based Cabot Oil & Gas Corp. because the 1965 statute cited by the agency in its denial refers to the state Division of Natural Resources, not the DEP.

"We are pleased with and appreciate the ruling by Judge Perry and believe that it is the correct ruling," said attorney Tim Miller with Robinson & McElwee, a Charleston-based law firm that represents the company.

The DEP believes it's required to enforce the law in a manner consistent with other state agencies, Franks said, explaining the agency's citation of the statute.

Perry also noted that officials have allowed drilling in other state parks, including permits issued after the 1965 ban on the practice. Cabot currently operates three wells in Chief Logan State Park and has another three in an adjoining wildlife management area.

That doesn't invalidate the state law, Franks said.

"If 19 cars pass a state trooper on the Interstate doing 95 miles an hour, and he doesn't pull them over but he pulls me over doing 75 miles an hour, I can't use that as a defense," Franks said.

In its argument before the court, Cabot cited the deed that conveyed much of the land used to create the park. The deed kept the gas rights with the owners, who have leased them to Cabot.

Perry agreed, and ruled that denial of the permits would be essentially a case of the state taking the property rights of the owners, referred to in the ruling as the Lawson heirs.

Miller said Cabot intends to meet with the state agencies and wants to move forward with the drilling.