Yesterday, in State of Ohio ex rel. Morrison v. Beck Energy Corp., 2013-Ohio-356, the Ninth District Court of Appeals held that the state oil and gas regulatory program contained in Revised Code Chapter 1509 prevented the enforcement of local ordinances requiring municipal drilling permits and zoning certificates for the construction of an oil and gas well. The Court found in favor of Appellant Beck Energy, who was represented by a team from Vorys led by John Keller, reversing and remanding the case with directions for the trial court to enter judgment stating that (i) Munroe Falls’ ordinances requiring drilling and zoning permits for oil and gas wells are preempted by state law and cannot be enforced against Beck Energy’s drilling activity and (ii) that right-of-way ordinances cannot be enforced in a discriminatory manner against oil and gas operators.
