Legal-technical issues abound in Weathersfield injection appeal

Staff report

COLUMBUS

A technicality derailed a Trumbull County injection- well company from appealing an adverse decision regarding its Weathersfield Township injection well, but a second technicality has allowed that same company a second chance to appeal.

American Water Management Services, a division of Avalon Holdings of Howland, was ordered to close an injection well along state Route 169 in Weathersfield township, just north of Niles, in 2014 after several earthquakes.

AWMS appealed the closure to the Ohio Oil and Gas Commission, which ruled against the company, so AWMS appealed to Franklin County Common Pleas Court. That court dismissed the appeal in 2015 on technical grounds, saying AWMS failed to send the notice of appeal to all of the necessary parties.

On Thursday, however, the 10th District Court of Appeals in Columbus said the Oil and Gas Commission also failed to follow all procedures. It failed to properly notify everyone of its decision in 2014.

As a result, AWMS gets a fresh try at appealing the Oil and Gas Commission’s decision – once the Oil and Gas Commission makes its ruling official by sending all necessary notifications, the ruling said.