Kudos to Thomas Suddes for spotlighting the Ohio legislature’s diligent efforts to wrest decision-making control from local jurisdictions (”End run around City Hall is a familiar route for legislators,” March 21). Historically, Ohio prided itself on being a “home rule” state – where local governments made many decisions close to their projected impacts. But the Ohio Constitution’s home-rule provision is being eroded, recently and particularly regarding oil and gas development. The Ohio legislature serially amended the Ohio oil and gas law’s pre-emption provisions to make it increasingly difficult for local governments to influence what or where oil and gas development happens around them.
Through its Lake Erie Bill of Rights (LEBOR), Toledo tried a novel approach to influencing protection of its environment – allowing citizens to sue on behalf of the lake. Although a federal court struck down LEBOR, the Ohio legislature quickly passed (and Gov. Mike DeWine signed) a prohibition of legal actions on behalf of nature. This swift and devastating legislative response assuaged industry concerns. LEBOR may or may not be the right approach, but this push to remove local influence at the behest of industry bears watching, and resisting.
Heidi Gorovitz Robertson,
Cleveland Heights
Heidi Gorovitz Robertson is the Steven W. Percy Professor of Law at Cleveland-Marshall College of Law and professor of environmental studies at the Levin College of Urban Affairs, Cleveland State University.