Name
Save Ohio Parks v. Oil and Gas Land Management Commission
Date Filed
February 8, 2024
Court
Franklin County Court of Common Pleas
Parties Involved
Ohio Environmental Council, Earthjustice, State of Ohio, Oil and Gas Management Commission
Key Legal Questions
Whether the Commission met their legal obligations in its decision to lease state lands for oil and gas use
Status:
Waiting Decision
The Ohio Oil and Gas Land Management Commission granted mineral rights to several oil and gas companies including West Virginia based Infinity Natural Resources, LLC and Texas-based Encino Energy Partners. Mineral rights allow companies to frack for oil and gas under land owned by the State of Ohio, these include designated wildlife areas and state parks.
Fracking is a method implemented to extract natural gas and oil from rock formations known as shale. This method is done by drilling into the Earth and using small explosions, then a mix of water, sand, and chemicals to break up shale rock formations that contain the natural gas and oil. If the oil or gas wells are not built well enough, there can be leakage that contaminates groundwater. This water can flow down to contaminate other water sources and affect wildlife.
The commission is facing legal challenges in an appeal filed in the Franklin County Court of Common Pleas. The Ohio Environmental Council and Earthjustice are among the suing parties (called Petitioners) and the OEC is represented by its own attorneys alongside Earthjustice. Buckeye Environmental Network, Ohio Valley Allies and Save Ohio Parks are represented by Earthjustice in the matter.
The OEC and co-counsel filed a Notice of Appeal with the Franklin County Court of Common Pleas following Judge Jaiza Page’s order, which said that the OEC and its joining groups had no right to challenge the Ohio Oil and Gas Management Commission in its decision to allow fracking under Salt Fork State Park and other wildlife areas without considering environmental impacts. The OEC claims that the commission did not consider nine factors that include environmental impacts, public comments, and effects of the land’s use, that it is required to under Ohio law in its decision making process. This appeal seeks accountability for the commission’s decisions for the thousands of Ohioans and users of the public parks and areas.
The OEC and its joining group’s Notice of Appeal to Tenth District Court of Appeals was just filed in late March of 2024. With ongoing public backlash and these pending legal matters, the fight for Ohio’s public lands is far from over so it is best to stay tuned. A separate matter challenging HB 507 as a violation of the Ohio Constitution is currently pending in the Franklin County Court of Common Pleas.
