Shale Energy Law Blog
Ohio Court Rules State Laws Preempt Conflicting Local Ordinances on Drilling
February 6, 2013
In a case of first impression, an Ohio appeals court issued an opinion today holding that state laws concerning oil and gas drilling preempt conflicting local ordinances. A trial court in Summit County ordered a driller to stop construction of a well because it had not complied with local ordinances concerning permitting, application fees, public hearings and zoning certifications. The driller had, however, complied with the applicable state laws. The appeals court reversed the decision of the trial court and found that the state laws control over the local ordinances.
The case could be appealled to the Ohio Supreme Court.