COLUMBUS, Ohio -- Two environmental watchdog groups, Fresh Water Accountability Project and Food & Water Watch, filed a lawsuit Wednesday against Gov. John R. Kasich and the director of the Ohio Department of Natural Resources, claiming 23 frack waste operations were illegally authorized to operate.

The litigation, filed in Franklin County, is a declaratory action requesting that the ODNR be forced to implement necessary regulations before the facilities given “Chief’s Orders” are allowed to operate. The filing can be found online at http://fwap.org/kasich-odnr-fracking-waste-lawsuit.

The plaintiffs say at least 23 fracking waste handling, storage, processing and recycling facilities were authorized by ODNR “Chief’s Orders,” bypassing the official rule-making process required to permit such facilities.

Before approving these types of fracking waste facilities, ODNR must adhere to the formal rule making process, which includes a public comment period, the plaintiffs argue. No rules have been made available to the public, yet ODNR has approved several of these facilities, they say.

By filing for a declaratory action, the watchdog groups are appealing to ODNR, Kasich and the U.S. Environmental Protection Agency, asking them to intervene and stop the building and operation of the frack waste facilities until rules are finalized and permitting procedures are in place, including a public comment period.

“It truly is unfortunate that the only remedy that can now be sought is through the courts once again,” said Lea Harper, managing director of the Fresh Water Accountability Project in a prepared statement. “These facilities are an imminent threat to public health. Once the fracking boom becomes a bust, it will be the Ohio taxpayer that pays the price for clean-up and health costs. We are doing everything we can to avoid that. We are also appealing to the state legislature to intervene without much luck. It is disheartening to see that in order to get our politicians and regulators to take us seriously in Ohio, it takes a lawsuit to stand against the corporate monetary influence from the fracking industry.”

SOURCE: Fresh Water Accountability Project.

Published by The Business Journal, Youngstown, Ohio.
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