Judge Rules Against Fracking Appeal

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A Franklin County judge has ruled against Athens County Fracking Action Network’s appeal of an earlier decision related to a K&H Partners injection well in Troy Twp.

The Athens Messenger reports that after the Ohio Division of Oil and Gas Resources Management issued a permit in 2013 for K&H Partners’ second injection well in Troy Twp., the network took the matter to the Ohio Oil and Gas Commission in an effort to overturn the permit.

Injection wells are used to dispose of brine and other waste from oil and gas production wells.

The commission, however, agreed with the division and K&H that the permit was a drilling permit, not an injection permit, and therefore the commission lacked jurisdiction to hear the matter. That decision was appealed by ACFAN to the Franklin County court.

In his ruling Tuesday, Judge Patrick Sheeran agreed that the permit was a drilling permit over which the commission lacks jurisdiction. He said the legislature has not given authority for the commission to hear drilling permit cases.

ACFAN’s attorney tells the Messenger that there likely will be an appeal to the 10th District Court of Appeals in Franklin County.