2026 is off to a fast start for the FreshWater Accountability Project—especially in Ohio, where a large number of permits and legislative initiatives are routinely introduced during the holiday season. The timing raises an important question: is this done intentionally, when public attention is likely to be distracted?
We’ve seen this strategy before. The so-called “Chicken Bill,” passed as part of the state budget at the end of 2023, effectively mandated fracking on Ohio’s public lands. By embedding it in a massive budget bill, lawmakers minimized public scrutiny. That legislation is still being challenged in court.
While many of our efforts to protect Ohio’s air, land, water, and public health remain tied up in legal battles, we continue to stay vigilant. In a politically compromised environment, we remain committed to demanding transparency, oversight, and accountability.
Below is a summary of FreshWater’s work since the start of the year.
Permit Reviews and Public Comments
- We reviewed the Ohio EPA’s proposed general National Pollutant Discharge Elimination System (NPDES) permit, which would fast-track wastewater permitting for the rapidly expanding data center industry in Ohio.
We recognized this as another attempt to accelerate industrial development with limited public review—similar to the general air permits previously used to fast-track compressor stations for fracking.
Without access to expert or legal assistance, we undertook the extensive task of reviewing the permit, developing formal comments and talking points, and sharing them with Save Ohio Parks. In response, Save Ohio Parks issued an Action Alert and coordinated with partner organizations.
As a result, more than 4,000 public comments were submitted, an additional month was granted for public input, many residents attended the Columbus hearing in person, and many more participated virtually. We submitted our own follow-up comments to the Ohio EPA ahead of the January 16 deadline.
- Every three years, the Ohio EPA conducts a “Triennial Review” of Water Quality Standards (WQS), as required under the Clean Water Act (40 CFR 131.20).
This process allows for public input on which rules and regulations should be strengthened or updated. FreshWater used this opportunity to submit detailed comments and recommendations aimed at improving long-term water protections and guiding future rulemaking.
Wayne National Forest
- Our work to protect Ohio’s only National Forest, the Wayne, continues. For more than ten years, we have submitted formal comments, traveled to the forest for in-person protests, and participated in public review processes whenever opportunities arose.
Under direction from the current administration, the Bureau of Land Management (BLM) has now been instructed to offer nominated parcels in the Wayne for fracking, with leasing planned for September 2026. We submitted comments during the most recent public review period.
- We also authored and distributed a press release, working with partner organizations and community members to raise statewide awareness about plans to frack the Wayne.
Data Centers and Their Power Plants
- When we learned about the proposed 350-megawatt “Will-Power” “Apollo” natural gas power plant—intended to supply the secretive “Project Accordion” Meta data center—we immediately filed a public records request with the Ohio Power Siting Board.
The Board is attempting to fast-track approval of the plant by early February. The data center itself had remained largely hidden due to non-disclosure agreements. The addition of a major Title V air pollution source in northwest Ohio—an area already experiencing frequent ozone action days—made this development especially concerning.
We drafted and distributed an Action Alert through listservs and partner organizations to mobilize public response.
- We submitted a public records request to the Public Utilities Commission of Ohio (PUCO) to obtain more information about the Apollo plant. We suspect the facility will rely on gas supplied by the Nexus pipeline, which used eminent domain to seize private property across Ohio.
Nexus was built by Williams, the same company constructing the Apollo plant. This raised concerns that Meta, Williams, and Nexus had coordinated their plans in advance. We also believe the project is being permitted in segments to avoid a full, cumulative environmental review.
In addition, we contacted the Ohio EPA to request access to the air permit application, which was not available online.
- We wrote a Letter to the Editor titled “Benefit? What Benefit?” which was published in The Toledo Blade.
- We submitted a public records request to the Ohio EPA to review the application for the permit to install for the Will-Power Apollo gas-fired power plant.
- We wrote a follow-up Letter to the Editor to the BG Independent News about the proposed data center power plant which was also printed.
- We wrote a press release for distribution to inform the public about the fast-tracking of the permit to install the 350 MW gas fired power plant that was fast-tracked by the Ohio Power Siting Board.
Water Protection
- We continue to work with FracTracker, Fair Shake Environmental Legal Services and other organizations to examine the water impacts of the fracking industry in Ohio.
The industry has consumed billions of gallons of Ohio’s precious freshwater for consumptive use and turned it into toxic, radioactive waste that is improperly handled, transported and disposed of as non-hazardous in Ohio.
We add comments about water consumption and pollution whenever applicable when furnishing public comments to alert legislators and regulators to the serious threats to Ohio’s water quantity and quality.
Challenging Harmful Legislation
- We wrote and submitted comments to Senate Bill 294, which attempts to classify gas and nuclear as “clean” energy for additional incentives and project fast-tracking for dirty energy projects that include fracked gas.
Organizing and Support for Others
As Board President and Co-Founder of Ohio Valley Environmental Advocates, we continue to help reorganize and rebuild the 501(c)(3) non-profit headquartered in West Virginia in our continued efforts to protect environmental and public health in the valley.
Supporting Files
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