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Ohio Supreme Court Invalidates Local Fracking Restrictions

On Monday, February 16, 2015, a sharply divided Ohio Supreme Court held in a 4-3 decision that Ohio local governments do not have authority to enact certain local zoning ordinances restricting hydraulic fracturing. The Court found that an Ohio statute regulating oil and gas well production operations that gives state government “sole and exclusive authority” to regulate such operations does not allow for a municipality to impose its own permit requirements on oil and gas drilling operations.

The Court found that Ohio’s home rule authority does not allow a municipality to “discriminate against, unfairly impede, or obstruct oil and gas activities and production operations.” Accordingly, the local ordinances at issue were found to conflict with the state regulatory scheme.

Three justices joined in the majority opinion with a fourth voting in support of the majority opinion outcome but with a separate concurring opinion. That concurring opinion seems to indicate that there might be room for local ordinances which ensure neighborhood compatibility, protect property values or accomplish a municipality’s long-range development plan.

© 2022 ArentFox Schiff LLPNational Law Review, Volume V, Number 54
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About this Author

Amy Antoniolli Environmental Attorney Schiff Hardin
Counsel

Amy Antoniolli is an environmental lawyer with broad experience in administrative and enforcement-related issues. She advises clients on compliance with the Clean Air Act, Clean Water Act, RCRA, CERCLA, and the Illinois Environmental Protection Act. She also works on property remediation projects pursued under state and federal cleanup programs. She advises renewable energy clients as well, reviewing siting and operating requirements for wind and waste to energy facilities.

An amiable yet no-nonsense counselor, Amy puts her prior experience to work for her clients. A former adviser...

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Daniel Deeb Civil Litigation Attorney Schiff Hardin
Partner

Dan has been practicing environmental law for more than 20 years. His practice includes all facets of environmental law permitting, compliance and litigation, including federal and state cases involving the Clean Water Act, Clean Air Act, RCRA, CERCLA, FIFRA, TSCA, brownfields redevelopment, and state analogs. Before practicing law, Dan worked as a senior chemist for an environmental consulting firm and clerked for the U.S. EPA’s Office of Enforcement and Compliance Assurance. He is a frequent lecturer and has written about environmental legal issues for a variety of publications. His...

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