(COLUMBUS, Ohio) — The Ohio Supreme Court today sided with the office of Attorney General Dave Yost, ruling unanimously that the state is not required to pay 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,” said Yost, whose office argued the case on behalf of the Ohio Department of Natural Resources.
The case, State ex rel. AWMS Water Solutions LLC v. Mertz, centered on 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 sought $13.2 million in damages, arguing that the suspension deprived them of the economic use of their property.
The ruling emphasized that the state’s duty to protect the public outweighs the company’s claim for compensation, particularly when the company was aware of the associated risks.
The decision reverses an earlier ruling by the 11th District Court of Appeals.
MEDIA CONTACT:
Dominic Binkley: 614-728-4127
-30-