American Oil and Gas Reporter - October 2015 - 23

IndustryDigest
Bill Kroger, practice group chairman
of energy litigation at Baker Botts, says
the court's agreed order "was necessary
to ensure the claims based on the
repealed and expired statutes were
resolved, that Denton would not reenact these ordinances after the suit was
terminated, and that the dismissal
focused narrowly on the two ordinances
in the case."
The firm quotes TxOGA President
Bill Staples saying the association
"looks forward to continuing to partner
responsibly with our fellow Texans as
we grow our economy and protect our
environment." r

legality or constitutionality of a ballot
measure's substantive terms."
Similarly, the Supreme Court said a
CELDF initiative could appear on the
Youngstown, Oh., ballot because the
Mahoning County Board of Elections,
which voted unanimously not to certify
the petition, had cited the likelihood that
even if voters approved the measure, the
courts would not.

"An unconstitutional amendment
may be a proper item for referendum or
initiative," the court wrote in
Youngstown v. Mahoning County Board
of Elections. "Such an amendment
becomes void and unenforceable only
when declared unconstitutional by a
court of competent jurisdiction."
Noting that Youngstown voters
already have rejected anti-drilling

Three Down, One Up
For Ohio Referendums
To Block Oil And Gas

COLUMBUS, OH.-The Ohio
Supreme Court in September agreed to
keep three anti-oil-and-gas initiatives
off local ballots in November, but said a
fourth could go forward.
Mike Chadsey, director of public
relations for the Ohio Oil & Gas
Association, says the Supreme Court
upheld Ohio Secretary of State Jon
Husted's decision to invalidate
initiatives in Athens, Fulton and Medina
counties because the initiatives failed to
meet state requirements.
He explains that those initiatives,
which were pushed by the
Pennsylvania-based Community
Environmental Legal Defense Fund
(CELDF), attempted to change the form
of government in Athens, Fulton and
Medina counties from statutory to
charter, and to include a charter
amendment banning oil and gas
activity. "The court ruled the secretary
of state was correct in not placing those
issues on the ballot (because) they
failed to meet the basic requirement for
changing the county form of
government," Chadsey says.
But Husted also cited Morrison v.
Beck Energy Corp., in which the Ohio
Supreme Court overturned the city of
Monroe Falls' drilling ordinance
because it interfered with the state's
"sole and exclusive authority" to
regulate oil and gas activity (AOGR,
March 2015, pg. 16). On that issue, the
Supreme Court said Husted
overstepped, finding that election
officials may not "sit as arbiters of the
OCTOBER 2015 23



American Oil and Gas Reporter - October 2015

Table of Contents for the Digital Edition of American Oil and Gas Reporter - October 2015

Contents
American Oil and Gas Reporter - October 2015 - Cover1
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American Oil and Gas Reporter - October 2015 - Cover3
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