Cautionary Tale for Ohio? Colorado Governor Says State Must Sue Towns Who Vote to Ban Fracking

From The Coloradoan:
“The governor takes no joy in suing local government,” [Colorado Governor John] Hickenlooper spokesman Eric Brown told the Coloradoan Wednesday. “As a former mayor he respects local planning and control. He also has an obligation to uphold the law. The governor wants to be honest with local communities about the state’s legal obligations. Bans like the one under consideration in Fort Collins violate state law.” 
Brown said Hickenlooper was unavailable to talk to local reporters Wednesday. 
Hickenlooper told CBS4 that banning oil and gas exploration and production within Fort Collins’ city limits is a “taking” of the mineral rights of the city’s own citizens. 
He said the state has “no choice” but to sue every city, town or county that chooses to ban oil and gas development and fracking.
Read the whole article here.

With several towns in Ohio pushing towards banning drilling in their areas despite the fact that Ohio too gives the authority to permit or deny gas drilling solely to the state, this strong stance from Colorado's governor should give reason to carefully consider the ramifications of violating state law - as legal advisers have warned councilman in town after town.  Courts are already striking down efforts by Ohio cities to override the state's authority.

Of course, Ohio Governor John Kasich has not said anything about suing these towns.  That doesn't mean that others who are affected by those decisions won't though, including landowners.  Just look at what's brewing in New York over that state's fracking moratorium.

It will be interesting to continue observing how the "home rule" conflict develops.

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