Several Ohio cities and villages file amici curiae briefs with the Ohio Supreme Court supporting "home rule" regulatory authority over oil and gas drilling

In June, the Ohio Supreme Court agreed to hear a case challenging the constitutionality of the Ohio Department of Natural Resources' (ODNR) sole authority over the regulation of oil and gas well production statewide (See our June 21, 2013, blog post for more information). Then this month, the village of Amesville, as well as the cities of Broadview Heights, Euclid, Mansfield and North Royalton jointly filed an amicus curiae brief with the high court supporting the city of Munroe Falls and the validity of its "home rule" ordinances. The city of Heath also filed a separate amicus curiae brief supporting Munroe Falls. The city of Athens has expressed its intent to file a similar brief.

In February, the Ninth District Court of Appeals upheld in State of Ohio ex rel. Jack Morrison, Jr. v. Beck Energy Corp. that Munroe Falls' home rule ordinances attempting to regulate well permitting could not be enforced because they conflict with the ODNR's authority under Ohio Revised Code Chapter 1509.

For more about the case, read this Bricker & Eckler bulletin.

Ohio, Oil & Gas Litigation