State Supreme Court Blocks Fracking Ban that Criminalized Fracking.

Munroe Falls, OH passed a fracking ban. The company that wanted to produce oil and gas sued.

Last week, the OH Supreme Court found that state oil and gas permitting requirements trump local ordinances based on specific provisions in the OH constitution. It’s a nuanced rational from Justice Judith L French:

• Local ordinances “prohibit – even criminalize – the act of drilling for oil and natural gas without a municipal permit”
• And because of the criminalization
• “… the ordinances represent an exercise of police power rather than local self-government.”
• The police power is specially mentioned in the home rule city amendment in the OH Constitution and states local ordinances “must yield to a state statute.”

The case has multiple opinions, but Justice French’s controls. Courthouse News  National Law Review

Similar cases are moving in Texas courts on the Denton fracking ban. Information Intelligence

In addition, multiple bills have been filed to ban local bans. Information Intelligence