OH Supreme Court Strikes Down Home Rule in Gas Drilling Case
Cases before the high courts of both New York and Pennsylvania in the past year have ruled that local municipalities can control oil and gas drilling within their borders–so-called “home rule” statutes. In the case of NY the high court went berserk and said towns can actually ban such drilling, which of course strips away private property rights guaranteed under the U.S. Constitution. In PA it was a little better, but not much. PA’s high court gutted provisions in the state’s Act 13 law making for a crazy-quilt patchwork of local zoning regulations that PA’s drillers must now navigate through. One state’s high court, however, has gotten it right. Yesterday the Ohio Supreme Court issued its long awaited ruling in the Munroe Falls v Beck Energy case (for background, see Beck Energy & Munroe Falls Go to Court – Again). In a 4-3 ruling, the OH Supremes said the City of Munroe Falls cannot stop Beck Energy from drilling a well that was properly permitted by the Ohio Dept. of Natural Resources (ODNR)…
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MDN has the low-down on proposed new federal legislation we first told you about yesterday, the Defense of Property Rights Act (see 
In 2010, activities of the anti-drilling group Gas Drilling Awareness Coalition, Inc. (GDAC) of Luzerne County, PA (Wilkes-Barre area) caught the attention of the Institute of Terrorism Research and Response (ITRR) Foundation, a company contracted by Pennsylvania’s Department of Homeland Security to monitor potential threats in the Keystone State. The ITRR Foundation put GDAC’s name on a list of organizations to keep an eye on–a so-called “terrorist watch list”–which lists potential threats against “critical infrastructure” in the state. The list with GDAC’s name was circulated to law enforcement agencies and to the drilling industry as well. When word of their inclusion on the list leaked, GDAC huffed and puffed and sued. Lo these 4+ years later, it appears they’ve won that lawsuit and the right to be permanently kept off the list…
It’s interesting to MDN that several of the seven Pennsylvania towns that sued the state over the Act 13 law and its zoning provisions–presumably because they didn’t want any Marcellus drilling in their borders–have done a 180 degree turnabout. It happened first in Robinson Township (Washington County), PA–the very township whose name is forever (shamefully) emblazoned on the case, which is called “Robinson v Commonwealth of Pennsylvania.” Voters in Robinson tossed their anti-drilling leaders out of office (see 
It seems no one IS above the law, including Pennsylvania’s Attorney General, Kathleen Kane. She is, you may recall, anti-drilling and has targeted both large and small companies related to the Marcellus industry. She abused her office by filing criminal charges against XTO Energy for an accidental spill that occurred two years before she took office (see