Ohio Forced Pooling Law Withstands Legal Challenge
The Sixth Circuit on Monday upheld the dismissal of a constitutional challenge to an Ohio law allowing drillers to tap properties near ones they’ve leased without getting consent from landowners, saying a permit issued by state regulators to Chesapeake Exploration LLC doesn’t constitute a “taking” under the 14th Amendment.
An appeals court panel affirmed an Ohio federal judge’s June dismissal of a suit by landowners challenging the order issued by the Ohio Division of Oil and Gas Resources Management under the state’s so-called forced pooling law allowing Chesapeake to horizontally drill below their properties.
The landowners can’t cite a single case that such pooling schemes are unconstitutional, the Sixth Circuit panel said in its opinion. Meanwhile, the Ohio Supreme Court has said the state’s forced pooling law is a legitimate use of its police power in regulating oil and gas development, and courts in other states have reached similar conclusions about their respective pooling laws, the panel said.Click here to continue reading.