Wednesday, February 18, 2015

Ohio Supreme Court rules that cities and counties cannot ban or regulate fracking

The Ohio Supreme Court ruled by 4 to 3 vote on Tuesday that "cities and counties can neither ban nor regulate fracking through zoning laws or other restrictions," Lindsay Abrams reports for Salon. "The controversial 4-3 decision centered around the case of Munroe Falls, a suburb of Akron, which in 2011 attempted to use its home rule powers to block a state-granted drilling permit. Other cities, including Athens, Oberlin and Mansfield, passed similar ordinances, now rendered ineffective by the court’s decision."

The justices ruled that Ohio "has 'exclusive authority' and that cities and counties can neither ban nor regulate fracking through zoning laws or other restrictions," Randy Ludlow reports for The Columbus Dispatch. "Justice Terrence O’Donnell wrote that the court still has not resolved whether local zoning laws can control where wells are drilled as long as there is not a separate permitting process."

The ruling states that "state law prohibits local government from exercising powers 'in a manner that discriminates against, unfairly impedes or obstructs oil and gas activities and operations regulated under' Chapter 1509 of the Ohio Revised Code, according to the ruling," reports Crain's Cleveland Business.

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