[Green] Legal Action Against Deep Rock

[gbanz42 at suddenlink.net]

Green Sanctuary Committee:

     Yesterday (Monday, the 21st) I had an extended conversation with John Heer, an attorney with the group, Fair Shakes-Environmental Legal Services. John described to me a case that he has presented against Deep Rock Disposal LLC  in the (US) court of the Southern District of Ohio in Columbus In his argument before the court he made the case that, first of all, the public comment session arranged by the US Army Corps of Engineers regarding the permit for the barge off-load facility was botched (some of us were witness to that event). More importantly, he argued that the USACE wrongfully exempted itself from any responsibility for the impact of this barging on the business of barging in general, on waters in the region, and on lands, once this brine waste is sent via pipeline to the injection wells. He is asking for a summary judgment motion from the judge of this court to remove approval of the permit. He expects the judge's ruling in April or May. He told me he is not optimistic about the outcome of this case, however.

     Nevertheless, this represents continued pressure on Deep Rock and brine-waste disposal business. I am aware of  other groups which are working with the U.S. Coast Guard to restrict the shipping of brine waste on major rivers in OH, PA, and WV. There is also, of course, the legal case being developed by the independent oil and gas producers of Washington County whose production wells have been damaged or destroyed by injection wells.

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George Banziger
202 Lawton Road
Marietta, OH 45750-1111
740-434-5685
cell: 740-434-3354