Ohio is a notoriously difficult state to build renewable energy. Many counties have outright bans on wind and solar power generation, but even in those that don’t, state regulators often rely on local opposition to deny permits to developers.
Fossil fuel companies, on the other hand, don’t face these hurdles. This contradiction is underscored by the fact that plans to build two hydraulic fracturing waste wells in rural Washington County, Ohio, are moving forward despite opposition from residents, environmental groups, and neighboring town governments. DeepRock Disposal Solutions aims to take advantage of these deep holes in the earth to force toxic liquid waste from oil and gas fracking into porous rock formations far below the surface.
Last week, a Franklin County Court of Appeals judge — a court official who handles preliminary issues as well as detailed issues in complex cases — recommended dismissal of a lawsuit filed by Buckeye Environmental Network against the well. The group claims the state illegally relied on outdated rules to permit the project, which risks contaminating local groundwater supplies.
Deeprock recently applied for a drilling permit. 2021about a month before the state adopted stricter waste well regulations aimed at better protecting public safety and health. The state did not complete a technical review or issue a deep-lock permit; 2025relied on the looser standards that had been in place when the company first applied. The Buckeye Environmental Network says current rules would have required a denial of the permit.
In recommending that the Franklin County Court of Appeals dismiss the case, Judge Thomas Scholl wrote that the Buckeye Environmental Network did not adequately demonstrate the state’s safety. “To reach the conclusion that there was a clear legal obligation to use the new rules, he pointed out that DeepLock had an obligation to: “It added that there is a vested and substantial interest in government agencies applying the old framework. “Completing a permit application requires a significant investment of time, capital, and technical resources. ”
In contrast, renewable energy companies have historically not received the same respect from state regulators.
Despite developers spending hundreds of thousands of dollars on studies, public hearings and other work to meet legal requirements, opposition from local boards and local residents was enough for the Ohio Power Siting Commission to deny permits for certain solar projects. Last month, for example, a township trustee’s vote was reversed and the permit was denied. 94-Megawatt Crossroads Solar Grazing Center. (The Ohio Supreme Court is currently considering whether local government objections are sufficient reason to deny a permit in the Kingwood Solar case.)
Parties in hydraulic fracturing waste litigation, including state regulators, DeepRock and Buckeye Environmental Network, have until April 30 To challenge the judge’s recommendation. But if a judge agrees with the magistrate’s opinion and dismisses the case, as is often the case, it could clear the way for DeepRock to drill wells in the coming months.
“We have no further comment because we believe this decision speaks for itself,” said Karina Chan, a spokeswoman for the Ohio Department of Natural Resources.
“How much waste can one county accept?”
Ohio already has more 200 class II These injection wells receive more than 1 billion gallons of hypersaline fluid per year from hydraulic fracturing activities. This salt water contains heavy metals, radioactive chemicals, “The Buckeye Environmental Network reports that 17 of those wells are in Washington County, along with many other wells for natural gas drilling.
“Washington County was forced to accept 71 Million barrels of oil and gas wastewater have been generated since 2010” said Bev Reed, the network’s Appalachian community organizer. “How much waste can one county produce before someone looks at this and says, ‘That’s enough”? ”
Others are also pushing back. The city of Marietta, whose city water system and source water protection area is about three miles from the Deep Rock project site, passed a resolution last year objecting to one of Deep Rock’s permits. In March, officials in the city of Marietta and nearby townships also asked Republican Gov. Mike DeWine and Ohio lawmakers to impose a three-year moratorium on additional wells in Washington County. Similar opposition from local governments has stalled renewable energy projects, but these efforts have not yielded results.
