
An environmental concern is emerging in southeast Ohio. Fracking wastewater has been reported coming to the surface near underground injection wells in the Marietta area, a city of roughly 13,000 residents. Local landowners, city officials, and community water associations have questioned how the region handles disposal of this waste and have voiced worry about possible long-term risks to drinking water.
The situation started as a limited property dispute. A small group of oil-well owners said their wells, which once produced oil, began yielding pressurized brine instead. That dispute has since attracted wider notice and led Marietta’s city council to issue a formal emergency declaration. Contact our property contamination lawyers to learn more and discuss taking legal action.
Hydraulic fracturing generates large quantities of wastewater—often called brine or produced water—that returns to the surface mixed with salt, heavy metals, naturally occurring radioactive materials, and residual chemicals. Ohio received state authority to oversee its own underground injection wells many years before modern large-scale fracking began. That early authority has made the permitting process relatively more straightforward than in neighboring states that remain under direct federal oversight.
State data show Ohio has authorized more than 240 wells for the disposal of oil and gas waste. Pennsylvania, by comparison, has fewer than 20 such wells, and West Virginia has only a few dozen. Review of public records indicates Ohio receives roughly 1.4 billion gallons of this wastewater each year, a significant share of which arrives from outside the state. In Washington County (home to Marietta), recent multi-year totals show that a large fraction of the injected volume originated beyond Ohio’s borders.
Public accounts indicate that four injection wells operate within about two miles of the aquifer that supplies Marietta’s drinking water. Together those wells are permitted to accept up to 840,000 gallons of brine per day. Records examined by journalists show that some of the wastewater delivered to the area came from out-of-state fracking operations and contained elevated levels of radium-226—levels described as well above the federal drinking-water standard. Scientific literature has linked radium-226 to increased cancer risk.
Nearby landowners have reported that certain conventional oil and gas wells that formerly produced oil are now flowing pressurized brine. Regional geologists have offered the possibility that injected fluids may be moving through natural rock fractures, although the exact pathways and the scale of any such movement remain contested in ongoing legal proceedings.
Ohio is also estimated to contain as many as 66,000 older, unmapped oil and gas wells. Experts note that an unknown number of these wells could intersect shallow aquifers, yet their precise locations are largely unrecorded.
Marietta’s city council president has said that residents and local officials only gradually became aware of the scale of nearby wastewater disposal. After additional wells were permitted in the vicinity, officials also cited a rise in local seismic activity as a point of concern. To date, routine testing of the municipal drinking-water supply has not detected brine.
State regulators have acknowledged that several injection wells in the region have leaked since 2019 and have confirmed that fluid leaving its intended formation can threaten drinking-water sources. In July, after reviewing data from surrounding production wells, regulators directed a limited number of Washington County injection wells to suspend operations.
At the same time, the state has continued to issue new injection-well permits in the same area. Marietta officials and several neighboring water authorities have asked for a temporary halt to further permitting and for greater setback distances from the city’s water source. An environmental advocacy group and an environmental law organization have filed a separate lawsuit challenging certain proposed permits near Marietta, contending that required procedures were not followed.
A spokesperson for one of the injection-well operators has said the company takes community concerns seriously, favors a science-based regulatory approach, and remains committed to safeguarding public health and drinking-water resources.
Some landowners have brought civil claims asserting that injection activity has damaged nearby oil and gas reservoirs and interfered with property rights. Defendants dispute those claims. At least one case has been allowed to proceed by an Ohio appellate court and is now pending before the Ohio Supreme Court. No court has yet issued a final ruling on liability.
Even residents who do not own oil or gas wells may wish to follow developments. Relevant issues include possible effects on private wells or public water systems, changes in local seismic patterns, and any new testing results released by water utilities. Owners of active or inactive wells in the affected counties may also want to watch for shifts in production volumes or fluid composition.
Anyone who suspects that wastewater migration has affected their property, water supply, or oil and gas wells should consider keeping detailed records such as photographs, written notes, and measurements of changes in well output, water quality, or surface conditions.
Independent water testing, retention of all correspondence with regulators or operators, and careful review of any proposed waiver or settlement before signing are prudent steps. Consulting an attorney familiar with environmental and toxic tort claims can clarify what legal options are available.
Cases involving possible environmental contamination and underground fluid migration are often highly technical. Individuals confronting these issues frequently face well-funded industry parties. The Lyon Firm has experience handling environmental contamination and toxic-exposure matters and can assess whether the specific facts of a situation support a potential claim.
We provide free, confidential consultations and work on a contingency-fee basis, so clients owe no legal fees unless we recover compensation on their behalf. When appropriate, we also collaborate with independent environmental and geological experts to evaluate the underlying circumstances.
If you live near an injection-well site in southeast Ohio or have questions about how wastewater disposal may be affecting your property or water source, contact The Lyon Firm today for a free case review.
References in this article to any company, individual, or public official, including any pending complaint, allegation, or lawsuit, are not statements of fact regarding wrongdoing, negligence, or liability, and no such determination has been made by any court or regulatory body as of this writing.
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