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. Continue reading