Ohio court confirms that anti-fracking ordinances are preempted

On March 3, the Court of Appeals of Ohio for the Eighth Appellate District confirmed what the Supreme Court of Ohio made clear more than a year ago: a local government cannot prohibit shale development authorized by permit issued by the State of Ohio. See State ex rel. Morrison v. Beck Energy Corp., No. 2015-Ohio-485 (Feb. 17, 2015).  Nonetheless, in Mothers Against Drilling in Our Neighborhood v. State (MADION), a community group challenged the voidance in a separate decision of the “community bill of rights” anti-fracking ordinance it had sponsored. For now, it is enough to say that the Court of Appeals did not buy the MADION’s (creative) argument that the citizens of Broadview Heights have a right to self-government, distinct from local government, that falls outside the preemption analysis applied in Morrison. The result is yet another Ohio court confirming as unlawful ordinances that  ban shale gas development or impose regulations that are inconsistent with, or additional to, those imposed by the State. This does not mean, however, that local governments will halt their efforts to limit or regulate shale gas development. These efforts, particularly as they concern the “community bill of rights” ordinances at issue in MADION, will be discussed further in a forthcoming post.

Disclaimer: This website is for informational purposes only and is not intended as legal advice. Your access to, and engagement with, this website should not be construed as creating an attorney-client relationship. Any legal questions should be directed to an attorney licensed in your jurisdiction.

Opinions are my own and do not necessarily reflect the opinions of Spilman Thomas & Battle, PLLC,  its employees, or its clients. To contact me, please e-mail jschaeffer@spilmanlaw.com

Attorney Advertising Disclaimer: This website may be considered Attorney Advertising under the laws and rules of some jurisdictions. Each case is different, and outcomes depend on multiple factors, including the unique set of facts and applicable law. No attorney can guarantee a particular outcome in a given case.

I, Joseph Schaeffer, am solely responsible for the content of this website. My primary office address is located at 48 Donley St., Morgantown, West Virginia, 26501.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s