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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Like a bad penny that keeps turning up, a forced pooling law in West Virginia keeps returning. Every year from 2009-2014 forced pooling legislation has been introduced, and ultimately defeated, in the WV legislature. We’ve covered the issue for years. Once again a new bill has popped up. House Bill (HB) 2688 was introduced by Delegate Lynwood Ireland (Chairman of the House Energy Committee) and co-sponsored by Delegates William Anderson (Speaker Pro-Tempore) and George Ambler. All three are Republicans. The bill has already passed the House Energy Committee and currently sits with the House Judiciary Committee for review. It may move fast or it may move slowly. Proponents of the bill say, in essence, this time the bill is different. There are compromises and provisions to protect both surface and sub-surface landowners. The interesting thing to MDN is that the West Virginia Royalty Owners Association is now on board and supporting the bill. Below we tackle this thorny issue once again. We have the full text of the bill as proposed, along with reaction to it, and our own thoughts…
The only question that remains (for us) about Ohio Gov. John Kasich is this: When does he plan to change the (R) after his name to a (D)? He is, in almost all respects, a liberal Democrat at this point. What other conclusion can you draw after he made this statement last week when referring to oil and gas drillers and the incredibly high severance tax he’s proposing: “Every time you take valuable things out of the ground you make us poorer.” This is a typical Democrat class warfare argument he’s using to justify his high tax proposal (see