An Ohio appeals court has upheld a lower state court’s decision that found illegal a community bill of rights banning oil and gas drilling in the Cleveland suburb of Broadview Heights. The eighth appellate court of Ohio reaffirmed the decision of a Cuyahoga County Common Pleas Court judge that ruled the bill of rights conflicts with state law that gives the Ohio Department of Natural Resources preemptive authority to regulate the industry (see Shale Daily, March 13, 2015). Broadview Heights approved the bill in 2012 to amend the city’s charter to ban the drilling of new oil and gas wells, as well as the transport and injection of the industry’s waste. Two conventional drillers, Bass Energy Inc. and Ohio Valley Energy filed a lawsuit against the bill in June 2014. The Community Environmental Legal Defense Fund aided some residents in appealing the lower court’s decision.
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