MANSFIELD, Ohio — UPDATED– A Cuyahoga County Court ruling on July 1 has spurred Ohio environmental advocacy groups into action, but not Mansfield-based Frack Free Ohio.
Frack Free Ohio organizer Bill Baker and Mansfield Law Director John Spon are confident that Mansfield will not have their charter amendment overturned, despite the ruling in Cuyahoga County.
“The [Cuyahoga County] ruling has no affect whatsoever on our charter amendment,” stated Spon.
Cuyahoga County Common Pleas Judge Timothy McCormick dismissed a lawsuit filed by Broadview Heights-based Mothers Against Drilling in Our Neighborhood. In dismissing the suit, McCormick cited a February Supreme Court case that said municipalities’ home rule rights do not overrule state law regulating fracking. In that ruling, the justices gave the state sole and exclusive authorization to permit, locate, space and regulate the wells.
But the anti-fracking group claims that Broadview Height’s Community Bill of Rights supersedes a state law permitting fracking. The measure was approved by voters in 2012 and banned future wells.
In response to the Cuyahoga County ruling, Environment Ohio sent a letter to Governor John Kasich calling “for the local authority to limit and prohibit dangerous fracking operations.”
According to Environment America Outreach Director Sarah Frost, the letter to Kasich was signed by over 100 mayors, county commissioners, city councilors, and other local elected officials from communities across Ohio.
“Fracking brings local harm. So it should be subject to local control,” said Frost during a press conference call on July 8.
“As local elected officials, we are deeply concerned about the significant and growing threat hydraulic fracturing poses to our health and environment,” said the letter, organized by the advocacy group Environment Ohio, a member of the Environment America federation. “We urge you to stand up for the right of all communities to determine whether, where, and how this dirty drilling is conducted within their own borders,” the letter continued.
Both Spon and Mansfield Mayor Tim Theaker confirmed that they did not receive or sign the letter.
Although Spon noted the ruling did not affect Mansfield’s charter, the ruling poses a threat for communities who have adopted a CELDF charter amendment, he indicated.
“The primary reason,” explained Spon, “is that Athens’ charter amendment was an outright ban against fracking and injection wells. Our charter did not establish an outright ban but established certain fundamental rights where our city could be a co-enforcer of reasonable regulations to protect our city’s natural resources and protect citizens health and home values.”
“I and a majority of citizens are totally against the unregulated toxic waste dumping into our neighborhoods and community. We (Mansfield city) are the only city in Ohio that has adopted a unique charter amendment that protects itself from that,” said Spon.
Mansfield’s charter amendments has also never been challenged by the Ohio Supreme Court, according to Spon and Baker.
“We haven’t banned anything. When they (CELDF) ban drilling, they’re actually taking away the rights of someone who wants to drill for business purposes. I would like to see our legislation tried at the Supreme Court level. I’m confident that it would not be overturned,” said Baker.
Editor’s note: Story has been updated to correct court information.
