By an action filed on November 18, 2014, two groups (Food and Water Watch and FreshWater Accountability Project) sued the Ohio Department of Natural Resources (“ODNR”) over its practices of issuing “Chief’s Orders” to allow the operation of privately-owned facilities for the storage, recycling, treatment, processing and disposal of brine and other wastes associated with oil and gas drilling.
According to the Complaint, which was filed in the Court of Appeals of Franklin County, Ohio, ODNR cannot issue new Chief’s Orders until it has adopted rules that establish procedures and requirements for the storage, recycling and disposal of brine wastes. In addition, and of more immediate concern, the Complaint seeks an order enjoining and revoking all of the existing Chief’s Orders. According to the Complaint, there are at least 23 facilities currently authorized to operate under Chief’s Orders. Those facilities, as identified in Exhibit A to the Complaint, are listed below:
This article was authored by Robert G. McLusky, Jackson Kelly PLLC. For more information on the author, click here.