COLUMBUS, Ohio — The Ohio Supreme Court has ruled unanimously in favor of the office of Ohio Attorney General Dave Yost, determining that the state is not required to compensate a wastewater injection company for the temporary suspension of operations following earthquake activity.
“The court’s decision is a victory for Ohio taxpayers, who don’t have to open their pocketbooks every time the state enforces the law,” Yost said in a statement. His office argued the case on behalf of the Ohio Department of Natural Resources.
The case, State ex rel. AWMS Water Solutions LLC v. Mertz, involved two Class II brine injection wells in Trumbull County.
In 2014, ODNR suspended operations at the site after the wells were linked to a series of earthquakes. AWMS Water Solutions later sought $13.2 million in damages, claiming the suspension deprived the company of the economic use of its property.
In its ruling, the Ohio Supreme Court said the state’s responsibility to protect public safety outweighed the company’s claim for compensation, particularly because the company was aware of the potential risks associated with injection well operations.
The decision overturns a previous ruling by the 11th District Court of Appeals.
