D&L fighting appeal denial

COLUMBUS, Ohio (WKBN) — D & L Energy filed a brief on Thursday with the Franklin County Common Pleas Court detailing why the company’s injection well permits should be reinstated.

The state’s Oil and Gas Commission denied D&L Energy’s appeal in June requesting permit reinstatement. The company has been at the center of the oilfield waste dumping incident on Salt Springs Road that led to federal charges against owner Ben Lupo and Hardrock Excavating, calling the incident the “worst case scenario” of illegal dumping.

In the brief filed Thursday with Franklin County Common Pleas Court, D&L Energy said the Commission did not have the authority to revoke the permits and that D&L Energy had met all the requirements when the permits were issued.

Additionally, D&L Energy contends that the Commission has already found Lupo guilty before his criminal trial in their “misguided belief that the industry must be taught a lesson.”

The Oil and Gas Commission in their decision in June re-affirmed the Ohio Department of Natural Resource’s decision to revoke D&L Energy’s six injection well permits and three pending permit applications. The Commission noted the permit revocations “basically removed D&L Energy, Inc. from the brine disposal business” in order to protect the state’s water supplies.

The Ohio Department of Natural Resources, named as the defendant in the appeal, has until Oct. 11 to respond.

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