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Tuesday, November 11, 2014

Continued Uncertainty Over Crucial Home Rule Case Creates Questions in Attempted Ohio Fracking Bans

From the Pittsburgh Post-Gazette:
Last week in eastern Ohio, where natural gas production in the Utica Shale has been booming, voters in three towns rejected ballot proposals to ban hydraulic fracturing. While Athens overwhelmingly passed a fracking ban, Gates Mills, Kent and Youngstown voted down their measures. 
The ballot issues highlight the disparity in responses among local officials who are befuddled by the complicated legal baggage of prohibiting a practice that some say is solely regulated at a state level. Bans could legally embroil areas where drilling companies operate, especially with the Ohio Supreme Court soon to rule on the ability of local authorities to regulate fracking. 
Local authority to regulate fracking is a central issue in the case that the Ohio Supreme Court is reviewing: Munroe Falls v. Beck Energy. In 2011, a state court backed the town’s right to zone and issue permits to the oil and gas drilling company. An appellate court in February sided with the company. 
Oral arguments were heard by the state Supreme Court earlier this year. 
 Read the whole article by clicking here.

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