HB 507 Appeal in Franklin County Court of Common Pleas
Name
Ohio Environmental Council, et al. v. State of Ohio
Date Filed
April 6, 2023
Court
Franklin County Court of Common Pleas
Parties Involved
Ohio Environmental Council, Ohio Valley Allies, Buckeye Environmental Network, Sierra Club, The State of Ohio, Director of Ohio Department of Natural Resources
Key Legal Questions
Whether HB 507 violated the Ohio Constitution’s One Subject Rule
Status:
Waiting Decision
In January 2023, Governor DeWine signed HB 507, originally focused on poultry sales into law, which was set to take effect on April, 7, 2023. However, HB 507 made amendments to R.C. 155.33, which dictates that the State of Ohio lease land owned or controlled by it for the exploration and development of oil or natural gas. Once the law goes into effect it would require the leasing of state parks for fracking and redefine methane gas as “green energy.” With oil and gas companies likely to ask for leases, given they have already had eyes on our state for some time, H.B. 507 now removes any discretion the State can have to deny the leases. So long as the interested party has the financial means and insurance that is registered with the Ohio Department of Natural Resources, the state is mandated to approve the lease.
On April 6, 2023, the OEC, the Case Western Environmental Law Clinic, and Earthjustice, on behalf of the OEC, Buckeye Environmental Network, Ohio Valley Allies and the Sierra Club, filed a Complaint seeking declaratory, preliminary and injunctive relief relating to H.B. 507. H.B. 507 was passed in the beginning of the year and it amended R.C. 155.33 to require the leasing of state parks for fracking.
In the Complaint, the Plaintiffs argue that HB 507 is unconstitutional and should be void as it violates the one subject rule of the Ohio Constitution. The one subject rule requires law to contain one subject that is clearly expressed in the title. HB 507 merely just hands over the state’s natural resources to out of state oil and gas companies.
The Plaintiffs also filed a motion for Temporary Restraining Order which argued that absent the TRO, state agencies will be forced to lease public lands that they currently have discretion to withhold from leasing, this would therefore deprive the Plaintiffs and their members of their Constitutional right to a fair legislative process that allows their input on the mandatory leasing of public lands. Additionally, oil and gas development on public lands would injure the recreational interests of the plaintiffs. The Court rejected this motion, concluding that there was no likelihood of any immediate and irreparable injury, loss, or damage to the Plaintiffs.
With the TRO denied, out-of-state oil and gas companies have moved in and have already applied for leases to Ohio’s state parks and wildlife areas. The OEC continues to fight for the protection of Ohio’s public lands as the matter is still pending in the Franklin County Court of Common Pleas.
