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Thanks to a lawsuit filed by Robert Murray, chairman of the Murray NewCo mining firm, the Ohio Department of Natural Resources may be required to give the public its say regarding two injection wells proposed for a site near St. Clairsville.
ODNR officials had planned to hold a "virtual" public meeting on the proposal, on Friday. As we and Murray pointed out, that format would have excluded many concerned Belmont County residents from participating.
On Thursday, Common Pleas Judge John Vavra granted a temporary restraining order, good for 14 days, preventing the ODNR from going ahead with the online event. A status conference on the matter will be held April 17.
Vavra noted that he understands the ODNR's reason for attempting to hold the online "meeting." The COVID-19 epidemic makes large gatherings unwise.
Still, Vavra noted, the public has a right to be involved -- and the ODNR plan was not adequate in that regard.
One claim made by the agency's attorneys ought to upset those concerned about the injection wells -- and anyone else in Ohio who feels the public has a right to be heard on such matters.
The ODNR is not mandated to provide a public meeting as part of the process of granting permits in such situations, its lawyers argued.
What?
We do not know whether state law requires a public hearing in such situations. If it does not, it should.
Even if there is no statutory requirement to let the public ask questions and express concerns, simple responsibility to the Ohioans the ODNR serves should dictate that a hearing -- with ample opportunities for questions and comments -- be held.
Within a couple of months, it may be possible for Buckeye State residents to resume holding large gatherings, with appropriate safeguards. Can the ODNR wait that long to hold a hearing on the injection wells?
One way or another, however, Vavra is right: Mandate or no mandate, the public deserves the right to be heard.