Shale Energy Law Blog
Opponents of the environmental bill of rights have expressed concern that the regulatory scope of the bill may extend beyond injection wells. Section 1.02(H)(2) states that “No permit, license, privilege or charter issued by any State or government agency . . . which would violate the prohibitions of this Charter provision or deprive any City resident(s), of any rights, privileges, or immunities secured by this Charter, the Ohio Constitution, the United States Constitution, or other laws, shall be deemed valid within the City of Mansfield, without the written legislative consent of the City of Mansfield.” However, the bill of rights may not be enforceable and could face a court challenge since the local legislation would be preempted by state law under Ohio Rev. Code 1509.03.