The Cuyahoga Court of Common Pleas recently upheld 125th General Assembly HB 278, enacted in 2004. This law abolished municipal home rule power to regulate gas wells and declared that the Division of Mineral Resources Management in the Department of Natural Resources has exclusive authority to regulate the permitting, location, and spacing of oil and gas wells in the state. Seven suburbs and a group of residents sued the Ohio Department of Natural Resources, claiming that the statute was invalid because there were insufficient regulations in place. Regulations were adopted one year later, and the judge found these regulations cured any defect in the statute. The cities can still enact ordinances to regulate drilling, if they do not conflict with the state's regulations. Cuyahoga Judge Upholds State's Right to Regulate Gas Well Drilling in Suburbs by Tasha Flourney, The Plain Dealer, June 21, 2006. The case is RICHARD KELLNER, ET AL vs. MIKE SPONSLER, ET AL (June 21, 2006), Cuyahoga Common Pleas Case No. CV-05-561362. To see the court docket, go to Cuyahoga County Court Docket. For a discussion of home-rule powers in relation to H.B. 278, see Testimony of Herbert Brown before the House Energy and Environment Committee, Nov. 5, 2003.
