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Finally, a WIN of sorts against frackers in OH -
State Supreme Court denies driller's request for order saying local zoning can't restrict fracking
17 hrs ago
A potentially pivotal case in Ohio’s continuing debate over whether local communities can ban or zone oil and gas drilling activities hit a wall at the Ohio Supreme Court on Tuesday.
The high court dismissed without comment a complaint for mandamus (court order) filed by Beck Energy of Ravenna, Ohio, against the Akron suburb of Munroe Falls. The lack of explanation by the Supreme Court, though not at all unusual, makes it difficult to interpret the significance of the decision, though it definitely didn’t favor the oil and gas industry.
Beck, the lead plaintiff in a landmark Ohio case involving local oil and gas regulations, Morrison (Munroe Falls) vs. Beck Energy, sought an order from the Ohio Supreme Court stating that Munroe Falls cannot use its zoning ordinance “to prohibit drilling for oil and gas in 99.06 percent of the city’s territory.”
The recent debate over Ohio cities and counties’ efforts to ban or regulate oil and gas drilling, fracking and/or waste disposal has mainly involved proposed community bill of rights that assert an innate right of local citizens to pass laws to protect their environment.
So far, those efforts haven’t had much luck with Ohio courts, including the highest one, the Supreme Court. The courts have backed up state officials and the oil and gas industry’s contention that only the state, not local government, has the authority to regulate oil and gas.
However, Beck Energy’s request for a Supreme Court order involved a different question – whether traditional zoning can dictate where oil and gas activities can go, just as it does with other industrial, commercial and residential activities....
.......Oil and gas drilling/fracking opponents hoped that the case, if it had gone against the industry, would provide the lifeline that municipalities in Ohio had been seeking when it comes to asserting some control over oil and gas activities within their borders.
The industry hoped for – but didn’t get – a different outcome, one that would close the last loophole in the aforementioned landmark Ohio Supreme Court decision that was decided last February – and also involving Beck Energy.....
http://www.athensnews.com/news/local/state-supreme-court-denies-driller-s-request-for-order-saying/article_6100f6d6-87df-11e5-92cf-f37e50c060af.html
17 hrs ago
A potentially pivotal case in Ohio’s continuing debate over whether local communities can ban or zone oil and gas drilling activities hit a wall at the Ohio Supreme Court on Tuesday.
The high court dismissed without comment a complaint for mandamus (court order) filed by Beck Energy of Ravenna, Ohio, against the Akron suburb of Munroe Falls. The lack of explanation by the Supreme Court, though not at all unusual, makes it difficult to interpret the significance of the decision, though it definitely didn’t favor the oil and gas industry.
Beck, the lead plaintiff in a landmark Ohio case involving local oil and gas regulations, Morrison (Munroe Falls) vs. Beck Energy, sought an order from the Ohio Supreme Court stating that Munroe Falls cannot use its zoning ordinance “to prohibit drilling for oil and gas in 99.06 percent of the city’s territory.”
The recent debate over Ohio cities and counties’ efforts to ban or regulate oil and gas drilling, fracking and/or waste disposal has mainly involved proposed community bill of rights that assert an innate right of local citizens to pass laws to protect their environment.
So far, those efforts haven’t had much luck with Ohio courts, including the highest one, the Supreme Court. The courts have backed up state officials and the oil and gas industry’s contention that only the state, not local government, has the authority to regulate oil and gas.
However, Beck Energy’s request for a Supreme Court order involved a different question – whether traditional zoning can dictate where oil and gas activities can go, just as it does with other industrial, commercial and residential activities....
.......Oil and gas drilling/fracking opponents hoped that the case, if it had gone against the industry, would provide the lifeline that municipalities in Ohio had been seeking when it comes to asserting some control over oil and gas activities within their borders.
The industry hoped for – but didn’t get – a different outcome, one that would close the last loophole in the aforementioned landmark Ohio Supreme Court decision that was decided last February – and also involving Beck Energy.....
http://www.athensnews.com/news/local/state-supreme-court-denies-driller-s-request-for-order-saying/article_6100f6d6-87df-11e5-92cf-f37e50c060af.html
