The 26-page decision from the Oil and Gas Commission says the state’s oil and gas division chief had the authority to revoke the permits for D&L Energy, which operates injection wells near Youngstown.
Lawyers for its former owner, Ben Lupo, had said the chief did not, and also said that D&L should not be penalized for the alleged dumping of the brine into a sewer because that was done by an employee of another of Lupo’s companies -- a company that was contracted to dispose of frackwater by D&L energy.
This effectively shuts down D&L Energy’s six operating wells and three more wells the company had applied for. D&L’s lawyer has recommended the company appeal to another court in Franklin County.
Meanwhile, Lupo still faces federal charges for ordering the employee to dump the wastewater into the sewer.