In 2012 Broadview Heights, OH, a Cleveland suburb, passed an illegal “Community Bill of Rights” law that bans oil and gas drilling in their township. Ohio law specifically and plainly states that only the state–not local municipalities–have the sole right to regulate the oil and gas industry. The law was promptly thrown out by a lower court, which resulted in anti-drilling groups including the Ohio Community Rights Network (OHCRN) and Mothers Against Drilling in Our Neighborhoods (MADION), with Big Green money backing from the odious PA-based Community Environmental Legal Defense Fund (CELDF), appealing the decision. It eventually made its way up the chain to the 8th District Court of Appeals. The nutters were so ecstatic when the 8th District agreed to hear the case, they celebrated with “street dramatizations” (see Antis Celebrate OH Appeals Court Hearing with Street Dramatization). They’re not celebrating anymore. The 8th District has ruled against the Broadview Heights law. Not only that, the 8th District is the first court to directly address the so-called “bill of rights” argument. In a crushing blow to the nutters, the 8th District Court said, in essence, “No. Towns don’t have inalienable rights to create laws that supersede the state’s laws.” However, nutters never go away–they blat and bleat and carry on, as they are doing now with this decision. At least we have some resolution in Ohio. This decision is a resounding refutation of the CELDF and their predatory behavior of pressuring towns into passing “bill of rights” laws that ban drilling and fracking…
