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Ohio

State ex rel. Youngstown v. Mahoning County Board of Elections

The Ohio Supreme Court held that a local election board exceeded its statutory authority when it refused to certify a city's proposed ballot measure that would, among other things, ban hydraulic fracturing within city limits and create...

Walker v. Husted

The Supreme Court of Ohio upheld the Ohio Secretary of State's invalidation of three county ballot measures that, if approved by voters, would have banned high-volume hydraulic fracturing as a method of oil and gas extraction in those...

Northeast Ohio Regional Sewer District v. Bath Township

The Supreme Court of Ohio held that a regional sewer district has the authority to create and impose fees for a stormwater management program. The applicable statute authorizes the sewer district to collect, treat, and dispose of "waste...

Bass Energy v. City of Broadview Heights

An Ohio court struck down a city's ban on drilling new oil and gas wells within its jurisdiction. On the one hand, the ban is a clear exercise of the city's police power; by attempting to ban oil and gas drilling, the city is trying to...

State ex rel. Morrison v. Beck Energy Corp.

The Ohio Supreme Court held that a city may not restrict oil and gas drilling within its borders. The city sought to enforce five local ordinances limiting drilling within its borders after an energy company had already obtained the...

Merrill v. Ohio Department of Natural Resources

The Supreme Court of Ohio held that the territory of Lake Erie held in trust by the state of Ohio extends to the natural shoreline, which is the line at which the water usually stands when free from disturbing causes. Case law from...

Barge v. St. Bernard, City of

An Ohio appellate court held that a city is not immune from residents' negligence lawsuit against it concerning pollution allegedly caused by a city landfill. The city argued that it was immune from suit because the operation of the...

Spears v. Chrysler

A district court held that residents' state law tort claims against the former owners of an industrial site should not be dismissed under the "primary jurisdiction" doctrine. The residents filed suit against the former owners for...

Goodrich Corp. v. Commercial Union Ins. Co.

An Ohio appellate court held that the sudden and accidental exceptions to pollution exclusion clauses contained in an aerospace manufacturing company's excess commercial insurance policies provide coverage for gradual releases of...

Paxton v. Wal-Mart Stores, Inc.

An Ohio appellate court upheld the dismissal of a property owner's state contribution claim against a mega-store for costs incurred cleaning up mercury and lead contamination at a recycling facility. The owner failed to prepare and...