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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This is not the kind of story we enjoy sharing with you. Hilcorp, a major driller in the Utica and Marcellus Shale, has decided to take what we consider “the low road” and is using a 1961 Pennsylvania law to sue a landowner to allow them to drill under their property. It’s called “forced pooling,” “compulsory integration,” and a variety of other terms. MDN does not support it. Our argument is simple: My neighbor should not have the right to tell me I can’t drill on and under my land, and I should not have the right to force it on my neighbor if they don’t want it. We believe it’s the only defensible position in the drilling debate.
MDN became aware that newly nominated (and currently Acting) Secretary of the PA Dept. of Environmental Protection, Chris Abruzzo, would be attending Shale Insight 2013. So we requested an interview with the Secretary, and he obliged! To our knowledge, we were the only media interview he granted during a brief walking around the show visit on Wednesday.
Chesapeake Energy recently settled a lawsuit with Pennsylvania landowners in which they agree to pay (a pitifully small) $7.5 million to landowners after shorting them on royalty payments (see 
MDN has made it plain we believe New York State Dept. of Health Commissioner Nirav Shah, who in February of this year said he was just “weeks away” from releasing the results of his research on the potential public health impacts of proposed new fracking rules from the NY Dept. of Environmental Conservation, is covering for his boss, Gov. Andrew “Ditherer” Cuomo (see 
Two weeks ago MDN told you the encouraging news that the New York Court of Appeals (New York’s highest court) will hear the Dryden and Middlefield town ban cases (see