oil and gas

County Charters Restricting Oil and Gas Operations will not be on the Ballot

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State ex rel. Walker v. Husted, Slip Opinion No. 2015-Ohio-3749.  In determining whether a petition to adopt a county charter can be placed on the ballot, the Secretary of State may not deny the petition because it believes provisions of the charters would violate the Ohio Constitution by unconstitutionally interfering with the state’s exclusive authority […]

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Beck Energy Challenges Munroe Falls Zoning Ordinances Which Prohibit Drilling

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Beck Energy filed a mandamus action in the Ohio Supreme Court, seeking to vacate a stop work order issued by Munroe Falls to halt work on the Sunoco well.   Beck Energy seeks a declaration that: “The Home Rule Amendment to the Ohio Constitution, Article XVIII,Section 3, does not allow Munroe Falls to enact a zoning

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Broadview Heights Drilling Ban Preempted by Ohio Statutes

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The Cuyahoga County Court of Common Pleas struck down Broadview Heights’ drilling prohibitions as preempted by ORC Chapter 1509.  See Bass Energy, Inc. v. City of Broadview Heights, Cuyahoga Common Pleas Court Case no. CV-14-828074, Opinion and Judgment Entry (Mar. 10, 2015).  Following the recent Ohio Supreme Court decision, State ex rel. Morrison v. Beck

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State Oil and Gas Law Preempts Munroe Falls Drilling Ordinances in Split Ohio Supreme Court Opinion

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The Ohio Supreme Court held that City of Munroe Falls’ ordinances requiring drillers to get a conditional zoning certificate, pay a deposit for a performance bond, hold a public hearing and a wait a year before drilling were preempted by State law regulating drilling. Justice French wrote the lead opinion joined by Justices O’Connor and

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Property Owners Argue the Ohio Constitution Prevents Quick Taking of Land by Pipeline Company

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Texas Eastern Transmission, a private Texas pipeline corporation, moved for immediate possession of land in Belmont County,  Ohio, based upon federal approval of a pipeline route.  See Texas Eastern Transmission, LP v. 3.2 Acres Permanent Easement and 4. Acres Temporary Easement of Land in Colerain Township, Belmont County, Ohio, S.D. Ohio, Case No. 2:14-cv-02650, MOTION

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Does Sole Authority of Ohio Department of Natural Resources to Regulate Oil and Gas Drilling Violate Home Rule?

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The Ohio Supreme Court will decide whether 2004 Ohio HB 278, which preempts municipalities and other local governments from regulating oil and gas drilling, violates the Ohio Constitution’s Home Rule provision, Ohio Constitution Article XVIII, Section 7.        H.B. 278 declared that the Division of Mineral Resources Management in the Department of Natural Resources has

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