Home Rule Case Before OH Supreme Court – Background

In 2004 the Ohio legislature passed a law that gives “sole and exclusive authority to regulate the permitting, location and spacing of oil and gas wells” to the Ohio Dept. of Natural Resources (ODNR). However, like Pennsylvania, New York and West Virginia, local municipalities have bridled against a law that says locals have no say in where an oil or gas well may be drilled. And like those other Marcellus/Utica states, Ohio municipalities have sued to overturn the law.

In June MDN told you the Ohio Supreme Court has accepted a case that challenges the 2004 Ohio law restricting so-called “home rule” or the right for municipalities to zone oil and gas wells (see Home Rule Case Heads to Ohio Supreme Court). With that case now under active consideration by the OH Supremes, here’s a bit more background…

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