No Fracknation Without Representation: Stripping Away a City’s Right to Regulate the Stripping Away of Its Natural Resources in State Ex Rel. Morrison v. Beck Energy Corp.

Abstract

In 2011, the city of Munroe Falls, Ohio sought to prevent Beck Energy Corporation from drilling for gas or oil within its city limits until the company complied with the city’s relevant municipal ordinances. Pursuant cases sought to resolve whether Munroe Falls’ municipal ordinances were a valid exercise of the city’s home-rule power. The Ohio Supreme Court determined that the local ordinances conflicted with state law, which regulated oil and gas production within Ohio. The court held that the state law preempted the local ordinances as they sought to regulate oil and gas production in a similar manner. In response, the concurring and dissenting opinions expressed concern that the plurality opinion demonstrated a rigid deference towards preemption at the expense of traditionally recognized areas of municipal authority. This Comment argues in favor of the concurring and dissenting opinions, which rightly cautioned against the preemption of all local regulations by state law when dealing with ultrahazardous and locally impactful activity.