Professor Heidi Gorovitz Robertson, who writes regularly for Crain’s Cleveland Business’ Shale and Energy Reports, posted The road to state control over drilling is paved with legislation, on August 22, 2014. Robertson explains the persistent evolution of the Ohio legislation that supports the state’s position that localities have no power to regulate shale oil and gas activities within their borders. She notes the many instances the legislature amended the statute to further and more completely list activities that would be included within the state’s authority and thereby excluded from local control or involvement. She discusses the potential conflict between that legislation and the home rule provision in Ohio’s Constitution and notes that we await a decision on this issue from the Ohio Supreme Court.
Professor Robertson’s post is available here.