The Ohio Department of Natural Resources failed to supply all of the public records that a Trumbull County city and business should have received in a dispute over fracking waste, a federal appeals court ruled yesterday.
Judge John A. Connor of Ohio’s 10th District Court of Appeals in Columbus wrote the 3-0 opinion that ordered the agency to provide the city of Warren and Patriot Water Treatment with all of the remaining documents.
April Bott, an attorney representing Warren and Patriot, said the documents are deleted emails stored in the agency’s record-keeping system.
Patriot Water Treatment recycles fracking waste from Utica and Marcellus shale wells in Ohio and Pennsylvania. Warren’s sewage-treatment plant takes the treated waste water and dumps it in the Mahoning River.
The city and treatment company filed an appeal with the Ohio Environmental Review Appeals Commission in 2012 after state Ohio Environmental Protection Agency officials changed the terms of Warren’s water-pollution permit to stop the practice.